Punjab-Haryana High Court
Dharmender And Ors vs State Of Haryana And Others on 14 March, 2024
Neutral Citation No:=2024:PHHC:036634
2024:PHHC:036634
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
123 CRM-M-15252-2022
Date of Decision : March 14, 2024
DHARMENDER AND ORS -PETITIONERS
V/S
STATE OF HARYANA AND OTHERS -RESPONDENTS
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Baljeet Beniwal, Advocate
for the petitioners.
Mr. Bhupender Singh, D.A.G., Haryana.
Mr. Gurdeep Singh Nehra, Advocate
for the respondents No.2 to 4.
***
KULDEEP TIWARI, J. (ORAL)
1. Through the instant petition, as cast under Section 482 of the
Cr.P.C., the petitioners crave for the hereinafter extracted relief(s):-
"Quash FIR No.382 dated 21.07.2014 (Annexure P1), under
Sections 323, 324, 506 read with Section 34 of the IPC (Section
506 of the IPC deleted subsequently, and, Section 326 of the
IPC added), registered at P.S. Hodal, District Palwal, and, set
aside the judgment dated 07.11.2019 (Annexure P2), along
with all the consequential proceedings arising therefrom, on
the basis of compromise/affidavits (Annexures P3 to P5)."
2. Upon an affirmative response from the learned counsel for the
respondents No.2 to 4 qua compromise, this Court had, through an order
drawn on 13.12.2023, upon the instant petition, directed the parties to
appear before the trial Court/Illaqa Magistrate concerned, for getting their
respective statements recorded qua authenticity of the compromise.
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Moreover, the trial Court/Illaqa Magistrate concerned was also directed to
send a report in the above regard.
3. Consequent to the making of the directions (supra), the parties
appeared before the Additional District and Sessions Judge, Palwal and got
their respective statements recorded, thereby authenticating the compromise.
Accordingly, in compliance of the directions (supra) of this Court, a Report
has been received from the Additional District and Sessions Judge, Palwal,
wherein, a satisfaction has been recorded qua the compromise being drawn
in a genuine and voluntary manner, without any coercion or undue
influence.
4. I have heard counsel for the parties and gone through the case
file.
5. A Co-ordinate Bench of this Court, in CRM-M-25669-2020
(O&M), titled "Abhishek Singh & others V/s State of Punjab & others",
Pronounced on: 07.04.2022, while granting a similar relief, as craved in the
instant petition, has observed as under:-
"9. The following aspects would be relevant to conclude this
petition:-
a) The accused and the private respondents have amicably settled
the matter between them in terms of the compromise deed and the
statements recorded before the concerned Court;
b) A perusal of the documents reveal that the settlement has not
been secured through coercion, threats, social boycotts, bribes, or
other dubious means;
c) The victim has willingly consented to the nullification of
criminal proceedings;
d) There is no objection from the private respondents in case
present FIR and consequent proceedings are quashed;
e) In the given facts, the occurrence does not affect public peace
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or tranquillity, moral turpitude or harm the social and moral
fabric of the society or involve matters concerning public policy;
f) The rejection of compromise may also lead to ill will. The
pendency of trial affects career and happiness;
g) There is nothing on the record to prima facie consider the
accused as an unscrupulous, incorrigible, or professional
offender;
h) The purpose of criminal jurisprudence is reformatory in nature
and to work to bring peace to family, community, and society;
i) The exercise of the inherent power for quashing the conviction,
sentence and all previous proceedings is justified to secure the
ends of justice."
6. In the light of the hereinabove recorded aspects, as also in view
of the law laid down in Gian Singh Vs. State of Punjab and another, 2012
(4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of
Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the
FIR and setting aside the judgment (supra) is hereby allowed.
7. Resultantly, FIR No.382 dated 21.07.2014 (Annexure P1),
under Sections 323, 324, 506 read with Section 34 of the IPC (Section 506
of the IPC deleted subsequently, and, Section 326 of the IPC added),
registered at P.S. Hodal, District Palwal is hereby quashed, and, the
judgment dated 07.11.2019 (Annexure P2), along with all the consequential
proceedings arising therefrom, is also set aside, on the basis of
compromise/affidavits (Annexures P3 to P5), subject to cost of Rs.5,000/-
being forthwith deposited by the petitioners with the District Legal Services
Authority concerned.
(KULDEEP TIWARI)
March 14, 2024 JUDGE
devinder
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
Neutral Citation No:=2024:PHHC:036634
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