Punjab-Haryana High Court
David vs State Of Haryana And Another on 13 March, 2024
Neutral Citation No:=2024:PHHC:036404
CRM-M-1134-2024 1
2024:PHHC:036404
272
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-1134-2024
Date of decision: 13.03.2024
DAVID ....PETITIONER
Versus
STATE OF HARYANA AND ANOTHER
....RESPONDENTS
CORAM:- HON'BLE MR. JUSTICE HARKESH MANUJA
Present: - Mr. Himanshu Joshi, Advocate for
Ms. Pallavi Babbar, Advocate
for the petitioner.
Mr. Rajiv Sidhu, DAG, Haryana.
Mr. Kushager Goyal, 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. 457, dated 30.09.2023, under
Sections 406, 420 of IPC, registered at Police Station Badshahpur, District
Gurugram (Annexure P-1) and all other subsequent proceedings arising
therefrom on the basis of compromise dated 04.12.2023 (Annexure P-3).
2. As per the allegations levelled in the complaint, the petitioner
cheated the complainant for a sum of Rs. 98,000/-.
3. In pursuance of order dated 10.01.2024 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 07.03.2024 has been received from the
concerned Court, stating that the complainant has effected the
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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.
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
down in the aforementioned judgments, FIR No. 457, dated 30.09.2023,
under Sections 406, 420 of IPC, registered at Police Station Badshahpur,
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District Gurugram 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.5,000/- 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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