Punjab-Haryana High Court
Kuldeep And Others vs State Of Haryana And Others on 7 March, 2024
282 2024:PHHC:033408
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-63511-2023
Date of Decision: March 07, 2024
KULDEEP AND OTHERS ........Petitioners
Versus
STATE OF HARYANA AND OTHERS ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. S.K. Verma, Advocate for the petitioners.
Mr. Rajiv Sidhu, DAG, Haryana.
Mr. Satnam Singh, Advocate for respondents No.2 and 3.
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HARKESH MANUJA, J. (ORAL)
By way of this petition filed under Section 482 Cr.P.C. the
petitioners pray for quashing of case bearing FIR No.56 dated 12.05.2020
registered under Sections 147, 148, 149, 323, 341 and 452 of IPC at P.S.
Alewa, District JInd, along with all consequential proceedings arising
out of the same on the basis of compromise dated 30.11.2023.
2. As per allegations levelled in the FIR, the petitioners inflicted
injuries upon respondents No.2 and 3 with their respective weapons and
forcibly entered their house.
3. This Court while issuing notice of motion vide order dated
05.01.2024directed the parties to appear before trial Court for getting their
statements recorded as regards the veracity of the compromise arrived at
between them.
4. In pursuance to the order dated 05.01.2024, a report dated
01.02.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
2024:PHHC:033408 -2-
CRM-M-63511-2023
5. Learned counsel for the petitioners submits that once, a
compromise has been arrived at between the parties without any pressure
and respondents No.2 and 3 have no objection as regards quashing of
FIR as well as all other subsequent proceedings arising out of the same
against the petitioners; the dispute purely personal in nature, there does
not appear to be any impediment as regards quashing of present FIR. He
also submits that even, in order to maintain peace and harmony between
the parties, particularly under the circumstances wherein the alleged
offences have no societal interest involved, it would be appropriate to
render complete quietus to the aforementioned dispute by quashing the
FIR on the basis of compromise entered into between the parties.
6. On the other hand, learned State counsel submits that
allegations in the present FIR are of serious nature and he opposes the
prayer made in the petition.
7. I have heard learned counsel for the parties and gone
through the records including the report dated 01.02.2024. The parties
having settled their dispute so as to live in peace in future, no useful
purpose would be served by proceeding further with the criminal
proceedings. In the light of above developments, no cause remains for
the trial Court to invest further time and effort in adjudicating this FIR.
The compromise in question is even found to be fully in consonance
with the directions issued by this Court in Kulwinder Singh & Ors. Vs.
State of Punjab 2007(3) RCR(Criminal) 1052 and Gian Singh Vs.
State of Punjab & Anr., 2012(4) RCR (Crl.) 543".
2024:PHHC:033408 -3-
CRM-M-63511-2023
8. Thus, in view of the aforesaid report, accompanied by
statements of both the parties as well as keeping in mind the law laid
down in the aforementioned judgments, the petition is allowed and FIR
No.56 dated 12.05.2020 registered under Sections 147, 148, 149, 323,
341 and 452 of IPC at P.S. Alewa, District Jind along with all
consequential proceeding arising therefrom, are hereby quashed.
9. The aforesaid order shall, however, be subject to payment
of Costs of Rs.40,000/- (Rs.5,000/- each) to be deposited with the Poor
Patients' Welfare Fund, PGIMER, Chandigarh, within a period of two
weeks from today.
07.03.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
