Punjab-Haryana High Court
Shamsher Singh Alias Nakli vs State Of Haryana And Others on 13 March, 2024
Neutral Citation No:=2024:PHHC:036034
1
CRM-M No.1104 of 2024 (O&M) 2024:PHHC:036034
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
271
CRM-M No.1104 of 2024 (O&M)
Date of Decision: 13.03.2024
SHAMSHER SINGH ALIAS NAKLI ......Petitioner
Vs
STATE OF HARYANA AND OTHERS ....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms. Veena Hooda, Advocate
for the petitioner.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Ms. Shivani Jahglan, Advocate for
Ms.Bijuli Sinha, Advocate
for respondent Nos.2 & 3.
****
HARKESH MANUJA, J. (Oral)
[1]. By way of present petition under Section 482 Cr.P.C., prayer has been
made for quashing of FIR No.714 dated 05.11.2016 registered under Sections 323,
341 and 506 IPC at Police Station Assandh, District Karnal (Annexure P-1) and all
other subsequent proceedings arising therefrom on the basis of compromise.
[2]. The FIR in question was registered on the basis of complaint made by
respondent No.3-Vikram against three accused including the present petitioner
with the allegations of assault on the person of complainant. Accused Bhag Singh
son of Mala Ram had died.
[4]. In pursuance to order dated 10.01.2024 passed by this Court, whereby
the parties were directed to appear before the Illaqa Magistrate/Trial Court for
getting their statements recorded as regards the veracity of compromise arrived at
between them, a report dated 01.02.2024 has been received from the concerned
1 of 3
Neutral Citation No:=2024:PHHC:036034
CRM-M No.1104 of 2024 (O&M) 2024:PHHC:036034
court, stating that the compromise is genuine, voluntary and without any coercion
or undue influence. The petitioner-accused has not been declared as proclaimed
offender.
[5]. Once, the compromise has been arrived at between the parties without
any pressure and respondent Nos.2 & 3 having no objection as regards quashing of
FIR as well as all other subsequent proceedings arising out of the same against the
petitioner; there does not appear to be any impediment as regards quashing of
present FIR qua the petitioner. 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.
[6]. 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 the case(s) of 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.
[7]. Further, learned counsel for the petitioner, while placing reliance upon
the judgments passed by the Hon'ble Supreme Court in the case of Jayrajsingh
Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R. (Criminal)
589 and this Court in the case(s) of Joginder Singh & another Vs. State of Punjab
2 of 3
Neutral Citation No:=2024:PHHC:036034
CRM-M No.1104 of 2024 (O&M) 2024:PHHC:036034
and another, passed in CRM-M No.23739 of 2010 decided on 27.04.2011,
Rajinder Singh Vs. State of Punjab & another, passed in CRM-M No.37395 of
2016 decided on 16.05.2017 and Vimal Kalra & others Vs. State of Punjab &
another, passed in CRM-M No.20355 of 2022, decided on 25.07.2022 submits that
partial quashing of the FIR is possible on the basis of a compromise.
[8]. Thus, in view of the aforesaid facts, accompanied by statements of
both the parties as well as keeping in mind the law laid down in the
aforementioned judgments, the FIR No.714 dated 05.11.2016 registered under
Sections 323, 341 and 506 IPC at Police Station Assandh, District Karnal as well
as all the subsequent proceedings arising therefrom are hereby quashed qua the
petitioner.
[9]. Accordingly, petition stands allowed, however, subject to payment of
cost(s) of Rs.5,000/- to be deposited in the Poor Patients Welfare Fund of the
PGIMER, Chandigarh, within a period of two weeks from today.
(HARKESH MANUJA)
March 13, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:036034
3 of 3
