Punjab-Haryana High Court
Jaspal Singh And Others vs State Of Punjab And Others on 1 May, 2024
Neutral Citation No:=2024:PHHC:060136
CRM-M-12262-2024 --1--
2024:PHHC:060136
274 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-12262-2024
DATE OF DECISION:-01.05.2024
Jaspal Singh and others ...Petitioners..
vs.
State of Punjab and others ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr.Mitul Singh Rana, Advocate,
for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Ashu Rana, Advocate
for respondents No.2 and 3.
****
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.107 dated 03.12.2022, registered
under Sections 307, 323, 341, 506, 149 IPC and Sections 25/27 of the Arms
Act, 1959, at Police Station Ghardiwal, District Hoshiarpur (later on
converted into under Sections 323, 341, 506, 149 IPC through Police Zimni)
(Annexure P-1) and all other subsequent proceedings arising therefrom on
the basis of compromise dated 25.06.2023 (Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners gave
beatings to the brother of the complainant and dragged him naked into the
market, besides it, they choked his neck with rope with an intention to kill
him.
2.1 Initially, FIR was registered under Section 307 IPC and
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Sections 25/27 of the Arms Act, however, the same were later dropped
during investigation.
3. In pursuance of order dated 11.03.2024 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
between them, report dated 02.04.2024 has been received from the
concerned Court, stating that compromise is genuine, voluntary and out of
free will of the parties. No accused has been declared as proclaimed person.
4. Once, the compromise has been arrived at between the parties
without any pressure and respondents No.2 and 3 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, the parties are belong to the same village and keeping in view the
safety and betterment of the future of generations to come, they have
entered into a settlement besides it 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
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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 06
Air Quality Monitor to Civil Hospital, Hoshiarpur.
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.107 dated 03.12.2022, registered under
Sections 307, 323, 341, 506, 149 IPC and Sections 25/27 of the Arms Act,
1959, at Police Station Ghardiwal, District Hoshiarpur (later on converted
into under Sections 323, 341, 506, 149 IPC through Police Zimni)
(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 06 Air Quality Monitor to the Civil Hospital, Hoshiarpur, 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,
Punjab at the earliest for maintaining records in this regard.
01.05.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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