Punjab-Haryana High Court
Jagmeet Singh And Others vs State Of Punjab And Another on 7 May, 2024
285
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-14041-2024
2024
Date of Decision: May 07, 2024
JAGMEET SINGH AND OTHERS ........Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Arpan Sabharwal, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Rahul Garg, Advocate for respondent No.2.
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HARKESH MANUJA,
MANUJA J. (ORAL)
By way of this petition filed under Section 482 Cr.P.C. the
petitioners pray for quashing of case bearing FIR No.26 dated 25.01.2013
registered under Sections 447, 379 and 149 of IPC at P.S. Nakodar,
Jalandhar along with all consequential proceedings arising out of the
same on the basis of compromise dated 02.03.2024.
02.03.2024.
2. As per the allegations levelled in the FIR, the petitioners broke
down the shed
ed belonging to people of Bazigar community where cremations
used to take place. Though, there are six accused in the aforesaid FIR,
however, one of the accused has unfortunately died whereas, two accused
have gone abroad. As such, the compromise has been effected with the
petitioners only.
3. This Court while issuing notice of motion vide order dated
18.03.2024 directed the parties to appear before trial Court for g
getting
etting their
statements recorded as regards the veracity of the compromise arrived at
between them.
4. In pursuance to the order dated 18.03.2024, a report dated
04.05.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary. Though there were
eight accused persons in the FIR, however, compromise has been effected
only with six accused persons.
5. Thus once, the compromise has been arrived at between the
parties without any pressure and respondent No.2 has no objection as regard
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,
in part, qua the petitioners. 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 in
question, qua the petitioners, on the basis of compromise entered into
between the parties.
6. 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".
7. Further, learned counsel for the petitioner, while placing reliance
upon the judgments passed by the Hon'ble Supreme Court in 'Jayrajsingh
Digvijaysinh Rana Vs. State of Gujarat and Another', 2012(4) R.C.R.
(Criminal) 589 and this Court in 'Joginder Singh & Another Vs. State of
Punjab and Another', passed in CRM-M-23739- 2010 decided on 27.04.2011,
'Rajinder Singh Vs. State of Punjab & Another', passed in CRM-M- 37395-
2016 decided on 16.05.2017 and 'Vimal Kalra & others Vs. State of Punjab &
another', passed in CRM-M-20355-2022, decided on 25.07.2022 submits that
partial quashing of the FIR is possible on the basis of a compromise.
8. Moreover, learned counsel for the petitioners on instructions from
his clients, submits that they volunteers to serve public cause by providing 1000
pieces of I/V Sets, 24 pieces of Mersilk CTN No.2.0, 24 pieces of Mer Silk CTN
No.1.0 and 1 Glucometer with Extra strips (300 strips) to Civil Hospital, Nakodar
9. Thus, in view of 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 FIR No. 26 dated 25.01.2013 registered under
Sections 447, 379 and 149 of IPC at P.S. Nakodar, Jalandhar along with all
consequential proceedings arising therefrom, are hereby quashed qua the
petitioners.
10. Accordingly, petition stands, allowed, however subject to providing
1000 pieces of I/V Sets, 24 pieces of Mersilk CTN No.2.0, 24 pieces of Mer Silk
CTN No.1.0 and 1 Glucometer with Extra strips (300 strips) to Civil Hospital,
Nakodar 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 be sent to the office of Advocate
General, Punjab at the earliest for maintaining records in this regard.
07.05.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
