Punjab-Haryana High Court
Nitin Mahajan vs State Of Punjab And Another on 9 May, 2024
Neutral Citation No:=2024:PHHC:065226
CRM-M -20688-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
281 CRM-M -20688-2023
Date of Decision : May 09, 2024
NITIN MAHAJAN
.....Petitioner
VERSUS
STATE OF PUNJAB AND ANOTHER
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Amandeep Sharma, Advocate
for the petitioner.
Mr. Raghav Garg, AAG, Punjab.
Mr. Hardik Ahluwalia, Advocate
for respondent No.2.
KULDEEP TIWARI, J. (Oral)
1. The instant petition, as cast under Section 482 of the Cr.P.C.,
proffers the hereinafter extracted relief, as craved by the petitioner,
inasmuch as, quashing of the FIR No.202 dated 13.12.2022, under
Section 336 IPC and under Sections 25, 27 of the Arms Act, registered at
P.S. City Batala, Police District Batala, District Gurdaspur and all
subsequent proceedings arising therefrom, on the basis of a compromise
dated 2.3.2023 (Annexure P-2), as entered into inter se the petitioner and
respondent No.2/complainant.
2. In the asked for relief (supra), the learned counsel for the
petitioner submits that the allegations against the petitioner are that the
petitioner has used his licensed gun and opened fire, however, no injury
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was caused to any one, therefore, the invocation of Sections 25 and 27 of
the Arms Act is highly debatable. He has placed reliance upon the
judgments passed by a Co-ordinate Bench of this Court in Harwinder
Singh @ Bindi and others Vs. State of Punjab and others, CRM-M-
39987 of 2017, decided on 31.3.2022 and in Kanwardeep Singh and
another Vs. State of Punjab and others, CRM No.M-36087-2010,
decided on 28.1.2011 to submit that FIRs under Sections 25 and 27 of the
Arms Act have also quashed on the ground of compromise.
3. This Court has put a specific query to the learned State
counsel for the reasons of invocation of Sections 25 and 27 of the Arms
Act, to which he replied on instructions imparted to him by ASI Dalbir
Singh that since the license was not supplied at the relevant time,
therefore, the above offences were invoked.
4. Be that as it may, considering the fact the matter has been
compromised, a Co-ordinate Bench of this Court had, through an order
drawn on 26.4.2023 upon the instant petition, besides issuing notice,
directed the parties to appear before the learned trial Court/Illaqa
Magistrate concerned, for getting their respective statements recorded
qua authenticity of the compromise (Annexure P-2). Moreover, the trial
Court/Illaqa Magistrate concerned was also directed to send a report in
the above regard.
5. Consequent to the making of the directions (supra), the
parties appeared before the learned Sub Divisional Judicial Magistrate,
Batala and got their respective statements recorded, thereby
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authenticating the compromise (Annexure P-2). Accordingly, in
compliance of the directions (supra) of this Court, a Report bearing
No.752 dated 4.7.2023 has been received from the learned Sub Divisional
Judicial Magistrate, Batala, wherein, a satisfaction has been recorded by
the Magistrate concerned qua the compromise (supra) being drawn in a
genuine and voluntary and without any pressure or coercion and out of
free will of the parties.
6. This Court have heard counsel for the parties and gone
through the case file.
7. 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;
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e) In the given facts, the occurrence does not affect
public peace 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."
8. In the light of the hereinabove recorded aspects and
considering the fact that the offences, for which the petitioner/accused has
been charged, are not of grave in nature, as also in view of the law laid
down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR
(Criminal) 543, Kulwinder Singh, others Vs. State of Punjab 2007(3)
RCR (Criminal) 1052, Harwinder Singh @ Bindi's case (supra) and
Kanwardeep Singh's case (supra), the present petition for quashing the
FIR (supra) is hereby allowed.
9. Resultantly, FIR No.202 dated 13.12.2022, under Section
336 and under Sections 25, 27 of the Arms Act, registered at P.S. City
Batala, Police District Batala, District Gurdaspur and all subsequent
proceedings arising therefrom, are, hereby, quashed on the basis of a
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compromise (Annexure P-2), subject to payment of ₹5,000/- to be
deposited with the District Legal Services Authority concerned.
(KULDEEP TIWARI)
May 09, 2024 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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