Punjab-Haryana High Court
Narinderpal Singh And Another vs State Of Punjab And Another on 3 May, 2024
Neutral Citation No:=2024:PHHC:061557
Neutral Citation No. 2024:PHHC:061557
259
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 25954 of 2023 (O&M)
Date of Decision: 03.05.2024
Narinderpal Singh and another
.......... Petitioners
Versus
State of Punjab and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Varun Sharma, Advocate,
for the petitioners.
Mr. Siddharath Sandhu, Assistant Advocate General, Punjab
for respondent No. 1.
Mr. Sahej Mahajan, Advocate
for respondent No. 2.
****
HARKESH MANUJA, J. (ORAL)
The petitioners, by way of present petition filed under Section
482 Cr.P.C., seek quashing of FIR No. 62 dated 18.04.2023 (Annexure P-1)
under Sections 406 & 120-B of IPC (Section 411 of IPC added later on),
registered at Police Station Sadar District Police Commissionerate Jalandhar,
alongwith all consequential proceedings arising out of the same on the basis
of compromise dated 12.05.2023 (Annexure P-2).
[2] This Court while issuing notice of motion vide order dated
22.05.2023, directed 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 above order dated 22.05.2023, a report dated
30.05.2023 has been received from the concerned Court, stating that the
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Neutral Citation No:=2024:PHHC:061557
compromise is genuine, voluntary and without any coercion or undue
influence. No accused has been declared as proclaimed offender.
[4] 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 petitioners; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioners. 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 the case(s) of 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] Further, learned counsel for the petitioners, while placing
reliance upon the judgments passed by the Hon'ble Supreme Court in the
case of Jayrajsingh Digvijaysinh Rana Versus State of Gujarat and
another, 2012(4) R.C.R. (Criminal) 589 and this Court in the case(s) of
Joginder Singh & another Versus State of Punjab and another, passed in
CRM-M No.23739 of 2010 decided on 27.04.2011, Rajinder Singh Versus
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Neutral Citation No:=2024:PHHC:061557
State of Punjab & another, passed in CRM-M No.37395 of 2016 decided
on 16.05.2017 and Vimal Kalra & others Versus State of Punjab &
another, passed in CRM-M No.20355 of 2022, decided on 25.07.2022
submits that partial quashing of the FIR is possible on the basis of a
compromise.
[7] Moreover, learned counsel for the petitioners, on instructions
from their clients, submits that the petitioners volunteer to serve public cause
by providing the medical equipment to Civil Hospital, Jalandhar.
[8] 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 (supra) as well as all subsequent
proceedings arising therefrom are hereby quashed qua the petitioners.
[9] Accordingly, petition stands allowed, however, subject to
providing equipment viz. stretcher and wheelchair to the Civil Hospital,
Jalandhar, amounting to Rs. 20,000/-, within a period of two weeks from the
date of receipt of certified copy of this order, 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 be sent to the office of
Advocate General, Punjab at the earliest for maintaining records in this
regard.
May 03, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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