Punjab-Haryana High Court
Dipanshu Anand And Others vs State Of Punjab And Others on 18 March, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:038710
CRM-M-62692-2023 (O&M) 1 2024:PHHC:038710
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
266
CRM-M-62692-2023 (O&M)
Date of decision: 18.03.2024
Deepanshu Anand and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Rahul Sharma, Advocate
for the petitioners.
Mr.Siddharth Sandhuh, Asstt. A.G., Punjab.
Mr. Saqib Ali Khan, Advocate
for respondents No. 2 & 3.
****
KIRTI SINGH, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C.,
prayer is made for quashing of FIR No.125 dated 05.06.2023 registered
under Sections 323, 341, 336, 307, 506, 427, 34 IPC and Section 25 of the
Arms Act, at Police Station Jamalpur, District Ludhiana (Annexure P-1)
along with all consequential proceedings arising therefrom on the basis of
compromise (Annexure P-2).
2. Notice of motion was issued on 13.12.2023 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. Mr. Saqib Ali Khan, Advocate has filed his power of attorney
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on behalf of respondents No. 2 & 3.
4. In pursuance of the aforesaid order dated 13.12.2023 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 03.01.2024 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.
5. Thus once, the compromise has been arrived at between the
parties without any pressure and respondents No.2 and 3 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.
6. 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
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Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab
& Anr., 2012(4) RCR (Crl.) 543.
7. 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.125 dated 05.06.2023
registered under Sections 323, 341, 336, 307, 506, 427, 34 IPC and Section
25 of the Arms Act, at Police Station Jamalpur, District Ludhiana (Annexure
P-1) as well as all the subsequent proceedings arising therefrom are hereby
quashed qua the petitioners.
8. Accordingly, petition stands allowed, however subject to
payment of cost(s) of Rs.10,000/- to be deposited in the Poor Patients
Welfare Fund of the PGIMER, Chandigarh, within a period of two weeks
from today.
18.03.2024 (KIRTI SINGH)
Satyawan JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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