Punjab-Haryana High Court
Rajesh Singh And Others vs State Of Haryana And Another on 6 May, 2024
Neutral Citation No:=2024:PHHC:062706
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CRM-M No.16470 of 2024 2024:PHHC:062706
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
284
CRM-M No.16470 of 2024
Date of Decision: 06.05.2024
RAJESH SINGH AND OTHERS ......Petitioner(s)
Vs
STATE OF HARYANA AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Dhruv Gupta, Advocate
for the petitioners.
Mr. Gurmeet Singh, Asstt. A.G., Haryana.
Mr. Prince Pushpinder Rana, 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.162 dated 27.11.2018 registered under Sections
323/325/34/506 IPC at Police Station Barara, District Ambala along with all
consequential proceedings arising therefrom on the basis of compromise.
2. This Court, while issuing notice of motion vide order dated
05.04.2024, 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 05.04.2024, a report dated
22.04.2024 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. 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
client, submit that they volunteer to serve public cause by providing three
stretchers with wheels to the Civil Hospital, Ambala, Haryana.
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.162 dated 27.11.2018 registered under
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Sections 323/325/34/506 IPC at Police Station Barara, District Ambala as well as
all the subsequent proceedings arising therefrom are hereby quashed qua the
petitioners.
8. Accordingly, petition stands allowed, however, subject to providing
three stretchers with wheels to the Civil Hospital, Ambala, Haryana 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, Haryana at the earliest for
maintaining records in this regard.
(HARKESH MANUJA)
May 06, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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