Punjab-Haryana High Court
Sawan @ Sawan Kumar And Others vs State Of Haryana And Others on 9 May, 2024
Neutral Citation No:=2024:PHHC:066036
CRM-M-13031-2024 --1--
291 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-13031-2024
DATE OF DECISION:-09.05.2024
Sawan @ Sawan Kumar and others ...Petitioners..
vs.
State of Haryana and others ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Chetan Kapoor, Advocate,
for the petitioners.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. Barjinder Singh, Advocate,
for respondents No.2 to 5.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.835, dated 02.11.2023, registered
under Sections 323, 506, 148, 149 IPC (Section 307 added later on)
(Annexure P-1) and all other subsequent proceedings arising therefrom on
the basis of statement/compromise dated 28.02.2024 (Annexure P-2).
2. As per the allegation levelled in the FIR, the petitioners inflicted
injuries to respondents No.2 to 5 with their respective weapons i.e. Gandasi
and lath.
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
their statements recorded as regards the veracity of compromise arrived at
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CRM-M-13031-2024 --2--
between them, report dated 27.03.2024 has been received from the
concerned Court, stating that compromise is genuine, voluntary and without
any coercion or undue influence. No accused has been declared as
proclaimed offender.
4. Once, the compromise has been arrived at between the parties
without any pressure and respondents No.2 to 5 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.
Furthermore, the parties are students, who are studying in the same
institution and in order to maintain peace, better future 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. Moreover, learned counsel for the petitioners on instructions from
his clients, submit that they volunteer to serve public cause by providing
four (04) beds and two (02) chairs to Govt. Hospital, Assandh, District
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Karnal
7. 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.835, dated 02.11.2023, registered under
Sections 323, 506, 148, 149 IPC (Section 307 added later on) (Annexure P-
1) as well as all subsequent proceedings arising therefrom are hereby
quashed qua the petitioners.
8. Accordingly, petition stands allowed, however, subject to
providing four (04) beds and two (02) chairs to the Govt. Hospital,
Assandh, District Karnal, within a period of two weeks from today as
volunteered by the petitioners against due receipt issued by the concerned
Civil Surgeon, who shall prepare an inventory in this regard for its regular
inspection by the Director concerned. A copy of the receipt shall also be
sent to the office of Advocate General, Haryana at the earliest for
maintaining records in this regard.
09.05.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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