Punjab-Haryana High Court
Raju And Ors vs State Of Punjab And Another on 12 March, 2024
Neutral Citation No:=2024:PHHC:035118
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CRM-M No.24933 of 2023 (O&M) 2024:PHHC:035118
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
266-A
CRM-M No.24933 of 2023 (O&M)
Date of Decision: 12.03.2024
RAJU AND ORS ......Petitioner(s)
Vs
STATE OF PUNJAB AND ANOTHER
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Rahul Arora, Advocate
for the petitioners.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. Devansh Gupta, Advocate for
Mr. Inderjit Singh, 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 DDR No.38 dated 29.01.2016 registered under Sections 323,
148, 149 IPC at P.S. Sadar Ferozepur, District Ferozepur (Annexure P-2) along
with all consequential proceedings arising therefrom on the basis of compromise.
2. Notice of motion was issued on 18.05.2023 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 18.05.2023 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 02.08.2023 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 No.2 having no objection as regards quashing
of DDR 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 DDR 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 DDR 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 DDR. 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 DDR No.38 dated 29.01.2016 registered under
Sections 323, 148, 149 IPC at P.S. Sadar Ferozepur, District Ferozepur as well as
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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.25,000/- 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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