Punjab-Haryana High Court
Manjit Kaur vs State Of Punjab And Another on 11 March, 2024
Neutral Citation No:=2024:PHHC:034652
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CRM-M No.43626 of 2023 2024:PHHC:034652
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
283
CRM-M No.43626 of 2023
Date of Decision: 11.03.2024
MANJIT KAUR ......Petitioner(s)
Vs
STATE OF PUNJAB AND ANOTHER
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. B.D. Sharma, Advocate
for the petitioner.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. Kashmir Singh, Advocate for
Mr. Surinder Garg, 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 Calandra registered under Section 182 IPC bearing Report
No.21 dated 06.07.2019 at P.S. Kamboj District Amritsar Rural (Annexure
P-1) along with all consequential proceedings arising therefrom on the basis of
compromise.
2. Notice of motion was issued on 01.09.2023 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 01.09.2023 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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CRM-M No.43626 of 2023 2024:PHHC:034652
between them, a report dated 10.10.2023 has 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 present Calandra 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 Calandra 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 Calandra on the basis of compromise entered into between
the parties. Reliance has also been placed on the decision dated 18.12.2019 passed
in CRM-M No.5678 of 2019 titled 'Sucha Singh and Ors. Vs. State of Punjab
and another' and decision dated 10.03.2021 passed CRM-M No.28793 of 2020 in
ttiled 'Usha Rani vs. State of Punjab and another' by this Court.
5. The proceedings under Section 182 IPC is for lodging a false
complaint. Once 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 Calandra. 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
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CRM-M No.43626 of 2023 2024:PHHC:034652
(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
aforementioned judgments, the Calandra registered under Section 182 IPC bearing
Report No.21 dated 06.07.2019 at P.S. Kamboj District Amritsar Rural as well as
all the subsequent proceedings arising therefrom are hereby quashed qua the
petitioner.
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:034652
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