Punjab-Haryana High Court
Sukhdev Singh And Another vs State Of Punjab And Another on 3 May, 2024
Neutral Citation No:=2024:PHHC:061550
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CRM-M No.1877 of 2024 2024:PHHC:061550
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
242
CRM-M No.1877 of 2024
Date of Decision: 03.05.2024
SUKHDEV SINGH AND ANOTHER ......Petitioner(s)
Vs
STATE OF PUNJAB AND ANOTHER
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Tanvir Joshi, Advocate
for the petitioner(s).
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. B.S. Aulakh, 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.54 dated 28.09.2023 registered under Sections 306,
34 IPC at Police Station Smalsar, District Moga, along with all consequential
proceedings arising therefrom on the basis of compromise.
2. This Court, while issuing notice of motion vide order dated
24.01.2024, directed both the parties 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 24.01.2024, a report dated
06.03.2024 has been received from the concerned court, stating that compromise
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effected between the parties is genuine, voluntary and without any coercion or
undue influence. No accused has been declared as proclaimed offender.
4. Learned counsel for the petitioners submits that once, a compromise
has been arrived at between the parties without any pressure and respondent No.2
has no objection as regards quashing of FIR as well as all other subsequent
proceedings arising out of the same against the petitioners; the dispute purely
personal in nature, there does not appear to be any impediment as regards quashing
of present FIR. He also submits that even, 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. In support, learned counsel relies
upon a judgment dated 05.12.2023 passed by Co-ordinate Bench in CRM-M-
24830-2023 titled as "Ashutosh Shiv and others versus State of Punjab and
others".
5. On the other hand, learned State counsel submits that allegations in
the present FIR are of serious nature; thus, opposes the prayer made in the petition.
6. I have heard learned counsel for the parties and gone through the
records including the contents of the FIR, the compromise and the report dated
06.03.2024 has been received from the Court concerned. Although, quashing of
FIR has been sought on the basis of compromise, however, even on merits, perusal
of the contents thereof if taken to be at their face value, offence under Section 306
IPC is not made out against the petitioners. From a perusal of the accusations made
in the FIR, the abetment on the part of petitioners is not even prima facie made out
while no specific instances and attributions delineated therein, as the primary
reason for the father of complainant to have committed suicide as projected in the
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FIR appears to be a property dispute between the complainant and her sister i.e
petitioner No.2.
7. Moreover, 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 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 directions
issued by this 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.
8. Thus, in view of the discussions made hereinabove besides the
aforesaid report, accompanied by statements of both the parties as well as
keeping in mind the law laid down in the aforementioned judgments, the
petition is allowed and the FIR (supra) as also consequential proceedings
arising therefrom, are hereby quashed qua the petitioners.
9. The aforesaid order shall, however, be subject to payment of
costs of Rs.10,000/- to be deposited by the petitioners with the Nishkam
Sewa Group (for Charitable Work) Run by Punjab & Haryana High Court
Lawyers at Chandigarh, within a period of two weeks from today.
(HARKESH MANUJA)
May 03, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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