Punjab-Haryana High Court
Sanjay Alias Sanjit Kumar And Others vs State Of Punjab And Another on 2 May, 2024
Neutral Citation No:=2024:PHHC:061015
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CRM-M No.8873 of 2024 (O&M) 2024:PHHC:061015
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
283
CRM-M No.8873 of 2024 (O&M)
Date of Decision: 02.05.2024
SANJAY ALIAS SANJIT KUMAR AND OTHERS
......Petitioner(s)
Vs
STATE OF PUNJAB AND ANOTHER ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Anand Kumar Mauya, Advocate for
Mr. Suresh Kumar, Advocate
for the petitioners.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. Anil Kumar Spehia, 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.331 dated 21.11.2020 registered under Sections
323/324/325/34 IPC at Police Station Kathu Nangal, District Amritsar along with
all consequential proceedings arising therefrom on the basis of compromise.
2. Notice of motion was issued on 28.02.2024 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 28.02.2024 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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CRM-M No.8873 of 2024 (O&M) 2024:PHHC:061015
between them, a report dated 18.04.2024 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 device of
Ultrasonic Therapy for Physiotherapy to the Civil Hospital, Amritsar.
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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.331 dated 21.11.2020 registered under
Sections 323/324/325/34 IPC at Police Station Kathu Nangal, District Amritsar 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 device of Ultrasonic Therapy for Physiotherapy to the Civil Hospital,
Amritsar, 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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