Punjab-Haryana High Court
Mohd Hafizuddin And Ors vs State Of Haryana And Others on 14 March, 2024
Neutral Citation No:=2024:PHHC:037306
CRM-M NO.39045 of 2023 1 2024:PHHC:037306
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
269 CRM-M NO.39045 of 2023
DATE OF DECISION: 14.03.2024
Mohd. Hafizuddin and others ............Petitioners
VERSUS
State of Haryana and others ..............Respondents
CORAM HON'BLE MR. JUSTICE HARKESH MANUJA
Present Mr.Munfaid Khan, Advocate,
for Mr. Nafeesh Ahmed, Advocate,
for the petitioners.
Mr.Rajiv Sidhu, DAG, Haryana.
Mr.Arun Sharma, Advocate,
for Mr. Khalid Tauru, Advocate,
for respondents no.2 to 4.
***
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.500 dated 01.09.2019 under Sections 148, 149, 323 and
506 IPC, registered at Police Station Palla, District Faridabad (Annexure P-1) along
with all consequential proceedings arising therefrom on the basis of compromise
dated 29.09.2021 (Annexure P-2).
2. Notice of motion was issued on 09.08.2023 and on 08.02.2024 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 08.02.2024 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
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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 Nos.2 to 4 having no objection as regards
quashing of 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.
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.500 dated 01.09.2019 under Sections 148, 149, 323 and 506
IPC, registered at Police Station Palla, District Faridabad (Annexure P-1) as well as
all the subsequent proceedings arising therefrom are hereby quashed qua the
petitioners.
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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
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