Punjab-Haryana High Court
M/S Pal Infrastructure And Developers ... vs State Of Haryana And Another on 2 May, 2024
Neutral Citation No:=2024:PHHC:061021
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CRM-M No.42250 of 2019 (O&M) 2024:PHHC:061021
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
267
CRM-M No.42250 of 2019 (O&M)
Date of Decision: 02.05.2024
M/S PAL INFRASTRUCTURE AND DEVELOPERS (P) LTD AND
OTHERS
......Petitioner(s)
Vs
STATE OF HARYANA AND ANOTHER ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Mohak Arora, Advocate for
Mr. Manish Soni, Advocate
for the petitioners.
Mr. Gurmeet Singh, Asstt. A.G., Haryana.
Mr. Dharamvir Sharma, Advocate
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.61 dated 03.03.2014 registered under Sections
406/420/467/471/34 & 506 IPC at Police Station Bhupani District Faridabad,
Haryana along with all consequential proceedings arising therefrom on the basis of
compromise.
2. Notice of motion was issued on 01.10.2019 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. However, the parties could
not appear before the Trial Court on the date fixed and as such the parties were
again directed to appear before the Trial Court vide order dated 06.02.2024 for
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CRM-M No.42250 of 2019 (O&M) 2024:PHHC:061021
making their statements as regards veracity of compromise arrived at between
them.
3. In pursuance of the aforesaid order dated 01.10.2019 and 06.02.2024
passed by this Court, whereby the parties were directed to appear before the Trial
Court for getting their statements recorded as regards the veracity of compromise
arrived at between them, a report dated 23.02.2024 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 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
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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
client, submit that they volunteer to serve public cause by providing one LED
Electro Cautery Machine, Brand Delta to the Civil Hospital, Faridabad, 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.61 dated 03.03.2014 registered under
Sections 406/420/467/471/34 & 506 IPC at Police Station Bhupani District
Faridabad, Haryana as well as all the subsequent proceedings arising therefrom are
hereby quashed qua the petitioners.
8. Accordingly, petition stands allowed, however, subject to providing
one LED Electro Cautery Machine, Brand Delta to the Civil Hospital, Faridabad,
Haryana 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 sent to the office Advocate General, Haryana at the
earliest for maintaining records in this regard.
(HARKESH MANUJA)
May 02, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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