Punjab-Haryana High Court
Vishal Rana vs State Of Haryana And Another on 9 May, 2024
Neutral Citation No:=2024:PHHC:065243
CRM-M-12958-2024 --1--
290 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-12958-2024
DATE OF DECISION:-09.05.2024
Vishal Rana and another ...Petitioners..
vs.
State of Haryana and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Tejveer Singh Gaba, Advocate for the petitioners.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. Ashish Pundir, Advocate for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C.,
petitioners pray for quashing of FIR No.243 dated 20.10.2023, registered
under Sections 148, 149, 323, 452 and 506 IPC, at Police Station Panjokhra,
District Ambala (Annexure P-1) and all other subsequent proceedings
arising therefrom on the basis of compromise dated 06.11.2023
(Annexure P-2).
2. As per the allegations, petitioners along with their other
accomplices inflicted injuries to the complainant with their respective
weapons.
As per FIR, total 05 persons were named in the FIR, however,
only the present petitioners have approached this Court by way of present
petition.
3. In pursuance of order dated 14.03.2024 passed by this Court,
whereby parties were directed to appear before the Trial Court for getting
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CRM-M-12958-2024 --2--
their statements recorded as regards the veracity of compromise arrived at
between them, report dated 25.04.2024 has been received from the
concerned Court, stating that the parties have compromised the matter in
dispute voluntarily, without any pressure, coercion or undue influence from
any corner and the compromise is genuine and is result of free will of the
parties and is not in any way result of any fraud or misrepresentation. No
accused has been declared as proclaimed person.
4. 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 petitioners; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioners. Even otherwise, in
order to maintain peace and harmony between the parties, particularly under
the 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. Further, learned counsel for the petitioners, while placing reliance
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upon the judgments passed by the Hon'ble Supreme Court in Jayrajsingh
Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R.
(Criminal) 589 and this Court in Joginder Singh & another Vs. State of
Punjab and another, passed in CRM-M-23739- 2010 decided on
27.04.2011, Rajinder Singh Vs. State of Punjab & another, passed in
CRM-M- 37395-2016 decided on 16.05.2017 and Vimal Kalra & others
Vs. State of Punjab & another, passed in CRMM-20355-2022, decided on
25.07.2022 submits that partial quashing of the FIR is possible on the basis
of a compromise.
7. Moreover, learned counsel for the petitioners on instructions from
his clients, submit that they volunteer to deposit a cost of Rs.5000/- with the
Nishkam Sewa Group (For Charitable Work) run by Punjab & Haryana
High Court Lawyers at Chandigarh.
8. Thus, in view of the aforesaid facts, accompanied by statements
of both the parties as well as keeping in mind the law laid down in the
aforementioned judgments, FIR No.243 dated 20.10.2023, registered under
Sections 148, 149, 323, 452 and 506 IPC, at Police Station Panjokhra,
District Ambala as well as all subsequent proceedings arising therefrom are
hereby quashed qua the present petitioners only.
9. Accordingly, petition stands allowed subject to payment of costs
of Rs.5,000/- to be deposited by the petitioners with the Nishkam Sewa
Group (For Charitable Work) run by Punjab & Haryana High Court
Lawyers at Chandigarh, within a period of two weeks from today from the
date of receipt of certified copy of this order.
09.05.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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