Punjab-Haryana High Court
Baljinder Kaur And Others vs State Of Punjab And Another on 13 March, 2024
Neutral Citation No:=2024:PHHC:036434
CRM-M-1820-2024 1
2024:PHHC:036434
274
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-1820-2024
Date of decision: 13.03.2024
BALJINDER KAUR AND ORS ....PETITIONERS
Versus
STATE OF PUNJAB AND ANOTHER
....RESPONDENTS
CORAM:- HON'BLE MR. JUSTICE HARKESH MANUJA
Present: - Mr. Rajesh Bhatheja, Advocate
for the petitioners.
Mr. Kewal Singh, Addl. AG, Punjab.
Mr. Sandeep Sharma, Advocate
for respondent No.2.
HARKESH MANUJA, J. (ORAL)
1. By way of present petition filed under Section 482 Cr.P.C.,
the petitioner prays for quashing of FIR No. 91, dated 18.11.2021, under
Sections 452, 506, 323, 34, 148, 149 of IPC, registered at Police Station
City Zira, District Ferozepur (Annexure P-1) and all other subsequent
proceedings arising therefrom on the basis of compromise dated
06.06.2023 (Annexure P-2).
2. As per the allegations levelled in the FIR, complainant-
Sukhwinder Singh registered a FIR against the accused persons who gave
beatings and threatened to kill him.
3. In pursuance of order dated 12.01.2024 passed by this Court,
whereby parties were directed to appear before the Trial Court for getting
their statements recorded as regards the veracity of compromise arrived at
between them, report dated 01.02.2024 has been received from the
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concerned Court, stating that the complainant has effected the
compromise with the accused person with his own free will and without
any coercion or pressure from any corner and same is found genuine. No
accused has been declared as proclaimed person. One accused namely
Paramjit singh @ Pamma has died.
4. Once, the compromise has been arrived at between the
parties without any pressure and respondent No.2 having no objection as
regards quashing of complaint 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 complaint qua the
petitioner. Even otherwise, in order to maintain peace and harmony
between the parties, particularly under the 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 complaint 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 complaint. 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 facts, accompanied by
statements of both the parties as well as keeping in mind the law laid
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down in the aforementioned judgments, FIR No. 91, dated 18.11.2021,
under Sections 452, 506, 323, 34, 148, 149 of IPC, registered at Police
Station City Zira, District Ferozepur as well as all subsequent proceedings
arising therefrom are hereby quashed qua the petitioner.
7. Accordingly, petition stands allowed subject to payment of
costs of Rs.20,000/- to be deposited by the petitioner with the Poor Patient
Welfare Fund, PGIMER, Chandigarh within a period of two weeks from
the date of receipt of certified copy of this order.
(HARKESH MANUJA)
JUDGE
13.03.2024
Anu
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
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