Punjab-Haryana High Court
Gurdeep Singh And Anr vs State Of Punjab And Anr on 1 May, 2024
Neutral Citation No:=2024:PHHC:060715
CRM-M-13156-2024 --1--
2024:PHHC:060715
275 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-13156-2024
DATE OF DECISION:-01.05.2024
Gudeep Singh and another ...Petitioners..
vs.
State of Punjab and others ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr.Narinder Singh Dadwal, Advocate,
for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Sandeep Rana, Advocate for
Mr. Jagjit Singh, 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.24 dated 18.02.2024, registered
under Sections 452, 324, 323, 427 and 34 IPC, at Police Station Sadar
Jagraon, District Ludhiana (Annexure P-1) and all other subsequent
proceedings arising therefrom on the basis of compromise dated 26.02.2024
(Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners inflicted
injuries to the complainant with their respective weapons, besides it, they
also took gold chain from the neck of owner alongwith Rs.78,000/-.
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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Neutral Citation No:=2024:PHHC:060715
CRM-M-13156-2024 --2--
their statements recorded as regards the veracity of compromise arrived at
between them, report dated 03.04.2024 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 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. Moreover, learned counsel for the petitioners on instructions from
his clients, submit that they volunteer to serve public cause by providing
one ECG Machine to Civil Hospital, Jagraon, District Ludhiana.
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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.24 dated 18.02.2024, registered under
Sections 452, 324, 323, 427 and 34 IPC, at Police Station Sadar Jagraon,
District Ludhiana (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 one ECG Machine to the Civil Hospital, Jagraon, District
Ludhiana, 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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