Punjab-Haryana High Court
Upkar Singh And Another vs State Of Punjab And Another on 3 May, 2024
Neutral Citation No:=2024:PHHC:061596
CRM-M
M No.3064 of 2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
243
CRM-M M No.3064 of 2024 (O&M)
Date of Decision: 03.05.2024
UPKAR SINGH AND ANOTHER ......
......Petitioner(s)
Vs
STATE OF PUNJAB AND ANOTHER ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Rajeev Gupta, Advocate
for the petitioners.
petitioner
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. Devinder K. Rajwal, 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.255
255 dated 09.12.2017 registered under Sections 406,
420, 120-B,
B, 506 IPC at Police Station Phase I, SAS Nagar (Mohali), Punjab along
with all consequential proceedings arising therefrom on the basis of compromise.
compromise
2. This Court, while issuing notice of motion vide order dated
20.01.2024,
.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 20.01.2024, a report dated
28.02.2024 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
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4. Thus once, the compromise has been arrived at between the parties
without
out any pressure and respondent No.2 having no objection as rregards
egards 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).
petitioner . 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,
deve ents, no cause remains for the Trial
T
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
lwinder Singh & Ors. Vs. State of Punj
Punjab
ab 2007(3) RCR (Criminal)
1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543.
6. Moreover, learned counsel for the petitioner
petitioners on instructions from his
client, submit that they volunteer to serve public cause by providing Blue Bed
Sheets
ets worth Rs.30,000/-
Rs.30,000/ to the Civil Hospital, SAS Nagar (Mohali)
(Mohali), Punjab.
7. Thus, in view of the aforesaid facts
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.255 dated 09.12.2017 registered under
Sections 406, 420, 120-B,
120 B, 506 IPC at Police Station Phase I, SAS Nagar (Mohali),
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Punjab ass well as all the subsequent proceedings arising therefrom are hereby
quashed qua the petitioners.
petitioner
8. Accordingly, petition
petition stands allowed
allowed, however, subject to providing
Blue Bed Sheets worth Rs.30,000/-
Rs.30,000/ to the Civil Hospital, SAS Nagar (Mohali),
Punjab, within a period of two weeks from the date of receipt of certified copy of
this order as volunteered by the petitioners
petitioner 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, Punjanb at the earliest ffor
or maintaining records in
this regard.
(HARKESH MANUJA)
May 03, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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