Punjab-Haryana High Court
Madan Lal vs State Of Haryana And Another on 1 May, 2024
Neutral Citation No:=2024:PHHC:064258
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CRM-M No.10445 of 2022 (O&M) 2024:PHHC:064258
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
288
CRM-M No.10445 of 2022 (O&M)
Date of Decision: 01.05.2024
MADAN LAL ......Petitioner(s)
Vs
STATE OF HARYANA AND ANOTHER ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Jasdeep Singh, Advocate
for the petitioner.
Mr. Gurmeet Singh, Asstt. A.G., Haryana.
None for respondent No.2.
****
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.435 dated 24.10.2021 (Annexure P-1) registered
under Sections 406, 419, 420, 467, 468, 471 IPC at Police Station Ambala City,
Ambala, Haryana along with all consequential proceedings arising therefrom on
the basis of compromise.
2. Notice of motion was issued on 10.03.2022 and both the parties were
directed to appear before the Trial Court/Illaqa Magistrate for recording their
statements with regard to the validity of compromise.
3. In pursuance of the aforesaid order dated 10.03.2022 passed by this
Court, a report dated 21.05.2022 has been received from the concerned court,
stating that compromise effected between the parties is genuine, voluntary and
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without any coercion or undue influence. No accused has been declared as
proclaimed offender
4. Thus 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(s); 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 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 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 petitioner on instructions from his
client, submit that he volunteers to serve public cause by providing three stretchers
with wheels to Civil Hospital, Ambala City, Haryana.
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 FIR No.435 dated 24.10.2021 (Annexure P-1)
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CRM-M No.10445 of 2022 (O&M) 2024:PHHC:064258
registered under Sections 406, 419, 420, 467, 468, 471 IPC at Police Station
Ambala City, Ambala, Haryana as well as all the subsequent proceedings arising
therefrom are hereby quashed qua the petitioner.
8. Accordingly, petition stands allowed, however, subject to providing
three stretchers with wheels to the Civil Hospital, Ambala City, Haryana, within a
period of two weeks from today as volunteered by the petitioner 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 sent to the office Advocate General, Haryana at the earliest for
maintaining records in this regard.
(HARKESH MANUJA)
May 01, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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