Punjab-Haryana High Court
Amit Bansal And Others vs State Of Punjab And Others on 12 March, 2024
Neutral Citation No:=2024:PHHC:035073
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CRM-M No.33516 of 2023 (O&M) 2024:PHHC:035073
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
271
CRM-M No.33516 of 2023 (O&M)
Date of Decision: 12.03.2024
AMIT BANSAL AND OTHERS ......Petitioner(s)
Vs
STATE OF PUNJAB AND OTHERS
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Naveen Bawa, Advocate
for the petitioner(s).
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. Vishnu Dutt, Advocate
for respondent Nos.2 & 3.
****
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.0196 dated 28.07.2022 registered under Sections
365, 382, 323, 324, 427, 148, 149 IPC at Police Station Division 6, District Police
Commissionerate Ludhiana along with all consequential proceedings arising
therefrom on the basis of compromise.
2. Notice of motion was issued on 28.07.2023 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 28.07.2023 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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between them, a report dated 29.08.2023 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 Nos.2 and 3 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. 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
aforementioned judgments, the FIR No.0196 dated 28.07.2022 registered under
Sections 365, 382, 323, 324, 427, 148, 149 IPC at Police Station Division 6,
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CRM-M No.33516 of 2023 (O&M) 2024:PHHC:035073
District Police Commissionerate Ludhiana as well as all the subsequent
proceedings arising therefrom are hereby quashed qua the petitioner(s).
7. Accordingly, petition stans allowed, however subject to payment of
cost(s) of Rs.20,000/- to be deposited in the Poor Patients Welfare Fund of the
PGIMER, Chandigarh, Chandigarh, within a period of two weeks from today.
(HARKESH MANUJA)
March 12, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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