Citation : 2024 Latest Caselaw 10125 P&H
Judgement Date : 10 May, 2024
Neutral Citation No:=2024:PHHC:065711
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CRM-M
M No.21364 of 2023 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
240
CRM-M M No.21364 of 2023 (O&M)
Date of Decision: 10.05.2024
SATPAL AND OTHERS ......Petitioner(s)
Vs
STATE OF HARYANA AND ORS.
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
MANUJA
Present: Mr. R.S. Mamli, Advocate and
Mr. B.S. Mamli, Advocate
for the petitioners.
petitioner
Mr. Gurmeet Singh, Asstt. A.G., Haryana.
Mr. Lovepreet Singh, Advocate
for respondent Nos.2
No & 3.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., prayer is
made for quashing of FIR No.0034 dated 21.02.2023 registered under Sections
147, 149, 323, 506 IPC (Section 307 IPC and Section 3 of SC & ST Act added
later on) at Police Station Sadar Jagadhri, District Yamuna Nagar, Haryana along
with all consequential proceedings arising therefrom on the basis of compromise.
compromise
2. This Court, while issuing notice of motion vide order dated
28.04.2023,, directed both the parties to appear before the Tria Triall Court/Illaqa
Magistrate for recording their statements with regard to the validity of
compromise.
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Neutral Citation No:=2024:PHHC:065711
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3. In pursuance of the aforesaid order dated 28.04.2023,, a report dated
18.05.2023 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 offender.. Moreover,
there is no fire arm injury caused caused to anyone and the parties are neighbourers.
4. Thus once, the compromise has been arrived at between the parties
without out any pressure and respondent Nos.2 & 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);
petitioner ; 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 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 ntered 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, developments, no cause remains fo forr the Trial T
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 lwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal)
1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543.
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6. Moreover, learned counsel for the petitioner petitioners on instructions from his
client, submit that they volunteer to serve public cause by providing one Water
Cooler for Deptt.
Deptt of Obstetrics and Gynaecology of PGIMER, Chandigarh.
7. Thus, in view of the aforesaid facts facts,, accompanied by statements of
both the parties as well as keeping in mind the law laid down in the
aforementioned judgments, the FIR No.0034 dated 21.02.2023 re registered gistered under
Sections 147, 149, 323, 506 IPC (Section 307 IPC and Section 3 of SC & ST Act
added later on) at Police Station Sadar Jagadhri, District Yamuna Nagar, Haryana
ass well as all the subsequent proceedings arising therefrom are hereby quashed qua
the petitioners.
8. Accordingly, petition stands allowed allowed, however, subject to providing
one Water Cooler for Deptt. of Obstetrics and Gynaecology of PGIMER,
Chandigarh within a period of two weeks from today as volunteered by the
petitioners against due due receipt issued by the concerned Medical Superintendent, Superintendent
who shall prepare an inventory in this regard for its regular inspection by the
Director concerned. A copy of the receipt shall also sent to the office Advocate
General, Haryana at the earliest for maintaining records in this regard.
(HARKESH MANUJA)
May 10, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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