Punjab-Haryana High Court
Gurdev Singh Kanwar And Another vs State Of Punjab And Another on 19 March, 2024
Author: Kirti Singh
Bench: Kirti Singh
-1- 2024:PHHC:038812
272 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-7786-2024
Date of decision: 19.03.2024
GURDEV SINGH KANWAR AND ANOTHER ..........Petitioners
versus
STATE OF PUNJAB AND ANOTHER .......Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Harjeet Singh Minhas, Advocate
for the petitioners.
Mr. Siddharth Sandhu, AAG Punjab.
Mr. Tarun Jhatta, Advocate
for respondent No.2.
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.0112 dated 31.10.2017 registered under
Sections 420, 406, 120-B, 506 IPC at Police Station Mehna, District Moga
(Annexure P-2) along with all subsequent proceedings arising therefrom on the
basis of compromise.
2. Notice of motion was issued on 15.02.2024 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 15.02.2024 passed by the
Co-ordinate Bench, 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 28.02.2024 has been received from the
concerned court, stating that compromise effected between the parties is
CRM-M-7786-2024 2024:PHHC:038812
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 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.0112 dated 31.10.2017 registered under
Sections 420, 406, 120-B, 506 IPC at Police Station Mehna, District Moga as
well as all the subsequent proceedings arising therefrom are hereby quashed qua
2024.03.19 14:20the petitioners.
CRM-M-7786-2024 2024:PHHC:038812
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, within a period of two weeks from today.
(KIRTI SINGH)
JUDGE
19.03.2024
k.nain
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
