Punjab-Haryana High Court
Rakesh Mittal And Another vs State Of Punjab And Another on 14 March, 2024
Neutral Citation No:=2024:PHHC:037314
CRM-M NO.1184-2024 1 . 2024:PHHC:037314
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
278 CRM-M NO. 1184-2024
DATE OF DECISION: 14.03.2024
Rakesh and another ............Petitioners
VERSUS
State of Punjab and another ..............Respondents
CORAM HON'BLE MR. JUSTICE HARKESH MANUJA
Present Mr.Jashan Mehta, Advocate,
for the petitioner.
Mr.Sidharth Sandhu, AAG, Punjab.
Mr. Mohit Sharma, 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 FIR No.0081 dated 16.05.2020, under Sections 420, 465, 468,
471 and 120-B IPC, registered at Police Station Anaj Mandi, District Patiala, Punjab
(Annexure P-1) along with all consequential proceedings arising therefrom on the
basis of compromise dated 13.05.2023 (Annexure P-2).
2. Notice of motion was issued on 11.01.2024 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 11.01.2024 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 between
them, a report dated 12.03.2024 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
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FIR 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 FIR 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 FIR on the basis of
compromise entered into between the parties. Accused Mohan Lal has died.
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 FIR. 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 FIR No.0081 dated 16.05.2020, under Sections 420, 465, 468, 471 and
120-B IPC, registered at Police Station Anaj Mandi, District Patiala, Punjab
(Annexure P-1) as well as all the subsequent proceedings arising therefrom are hereby
quashed qua the petitioners.
7. 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, Chandigarh, within a period of two weeks from today.
14.03.2024 (HARKESH MANUJA)
mamta JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:037314
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