Punjab-Haryana High Court
Alim vs State Of Haryana And Another on 13 May, 2024
Neutral Citation No:=2024:PHHC:066797
291
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 12779 of 2024 (O&M)
Date of Decision: 13.05.2024
Alim
.......... Petitioner
Versus
State of Haryana and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Ram Bilas Gupta, Advocate,
for the petitioner.
Mr. Gurmeet Singh, Assistant Advocate General, Haryana
for respondent No. 1.
Mr. Hardeep Singh, Advocate for
Mr. Vipin Sharma, Advocate
for respondent No. 2.
****
HARKESH MANUJA, J. (ORAL)
The petitioner, by way of present petition filed under Section
482 Cr.P.C., seeks quashing of FIR No. 108 dated 26.02.2023 (Annexure P-
1) under Sections 323, 34 & 379-B of IPC (Section 201 of IPC added later
on), registered at Police Station S.G.M. Nagar, District Faridabad, alongwith
all consequential proceedings arising out of the same on the basis of
compromise dated 20.02.2024 (Annexure P-2).
[2] This Court while issuing notice of motion vide order dated
13.03.2024, directed the parties to appear before the Trial Court/Illaqa
Magistrate for recording their statements with regard to the validity of
compromise.
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[3] In pursuance of above order dated 13.03.2024, a report dated
10.04.2024 has been received from the concerned Court, stating that the
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 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; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioner. 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 the case(s) of 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 petitioner, while placing
reliance upon the judgments passed by the Hon'ble Supreme Court in the
case of Jayrajsingh Digvijaysinh Rana Versus State of Gujarat and
another, 2012(4) R.C.R. (Criminal) 589 and this Court in the case(s) of
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Joginder Singh & another Versus State of Punjab and another, passed in
CRM-M No.23739 of 2010 decided on 27.04.2011, Rajinder Singh Versus
State of Punjab & another, passed in CRM-M No.37395 of 2016 decided
on 16.05.2017 and Vimal Kalra & others Versus State of Punjab &
another, passed in CRM-M No.20355 of 2022, decided on 25.07.2022
submits that partial quashing of the FIR is possible on the basis of a
compromise.
[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, the petition is allowed and the FIR (supra) as
well as all subsequent proceedings arising therefrom are hereby quashed qua
the petitioner.
[8] The aforesaid order shall, however, be subject to payment of
costs of Rs. 5,000/- to be deposited by the petitioner with the Nishkam Sewa
Group (for Charitable Work), run by Punjab & Haryana High Court Lawyers
at Chandigarh, within a period of one week from the date of receipt of
certified copy of this order.
May 13, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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