Punjab-Haryana High Court
Jagsir Singh Alias Seera And Others vs State Of Punjab And Another on 2 May, 2024
Neutral Citation No:=2024:PHHC:061013
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CRM-M No.10784 of 2024 (O&M) 2024:PHHC:061013
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
284
CRM-M No.10784 of 2024 (O&M)
Date of Decision: 02.05.2024
JAGSIR SINGH ALIAS SEERA AND OTHERS
......Petitioner(s)
Vs
STATE OF PUNJAB AND ANOTHER ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. J.K. Singla, Advocate
for the petitioners.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. Kashish Garg, 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.46 dated 14.06.2022 registered under Sections 323,
148, 149 IPC 1860 (Act No.45 of 1860) at Police Station Balianwali, District
Bathinda, along with all consequential proceedings arising therefrom on the basis
of compromise.
2. Notice of motion was issued on 29.02.2024 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 29.02.2024 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
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between them, a report dated 24.04.2024 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 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 petitioners on instructions from his
clients, submit that they volunteer to serve public cause by providing one ECG
Machine to Civil Hospital, Rampura Phul, District Bathinda.
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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, the FIR No.46 dated 14.06.2022 registered under
Sections 323, 148, 149 IPC 1860 (Act No.45 of 1860) at Police Station Balianwali,
District Bathinda 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 ECG Machine to the Civil Hospital, Rampura Phul, District Bathinda, 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, Punjab 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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