Punjab-Haryana High Court
Ravinder Singh And Ors vs State Of Punjab And Anr on 11 March, 2024
Neutral Citation No:=2024:PHHC:034644
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CRM-M No.12906 of 2017 (O&M) 2024:PHHC:034644
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
273
CRM-M No.12906 of 2017 (O&M)
Date of Decision: 11.03.2024
RAVINDER SINGH AND ORS.
......Petitioner(s)
Vs
STATE OF PUNJAB AND ANR.
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Gurmeet Singh Saini, Advocate for
Mr. Karanvir Nanda, Advocate
for the petitioners.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. Divij Datta, Advocate
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., prayer is
made for quashing of FIR No.110 dated 01.08.2016 registered under Sections 307,
336, 148, 149 and Sections 25 & 27 of Arms Act at Police Station Zira District
Ferozepur (Annexure P-1) along with all consequential proceedings arising
therefrom on the basis of compromise.
2. Notice of motion was issued on 20.04.2017 and both the parties were
directed to appear before the Trial Court/Illaqa Magistrate for recording their
statements with regard to the validity of compromise.
3. In pursuance of the aforesaid order dated 20.04.2017 passed by this
Court, whereby the parties were directed to appear before the Trial Court for
getting their statements recorded as regards the veracity of compromise arrived at
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between them, a report dated 03.05.2017 had already been received from the
concerned court, stating that compromise effected between the parties is genuine,
voluntary and without any coercion or undue influence. No accused has been
declared as proclaimed offender.
4. Thus once, the compromise has been arrived at between the parties
without any pressure and respondent No.2 having no objection as regards quashing
of FIR as well as all other subsequent proceedings arising out of the same against
the petitioner(s); there does not appear to be any impediment as regards quashing
of present FIR qua the petitioner(s). Even otherwise, in order to maintain peace and
harmony between the parties, particularly under the present 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.
5. Though FIR is under Section 307 IPC, however as per opinion given
by the Doctor, the sole injury attributed to the complainant/injured has been
declared simple in nature and also in view of the fact that 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 direction issued by the 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.
6. 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
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aforementioned judgments, the FIR No.110 dated 01.08.2016 registered under
Sections 307, 336, 148, 149 and Sections 25 & 27 of Arms Act at Police Station
Zira District Ferozepur as well as all the subsequent proceedings arising therefrom
are hereby quashed qua the petitioners.
7. Accordingly, petition stands allowed, however subject to payment of
cost(s) of Rs.10,000/- to be deposited in the Poor Patients Welfare Fund of the
PGIMER, Chandigarh, within a period of two weeks from today.
(HARKESH MANUJA)
March 11, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:034644
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