Punjab-Haryana High Court
Balwinder Singh @ Balvinder Singh And ... vs State Of Punjab And Another on 7 May, 2024
Neutral Citation No:=2024:PHHC:063618
204
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 16826 of 2024 (O&M)
Date of Decision: 07.05.2024
Balwinder Singh @ Balvinder Singh and another
.......... Petitioners
Versus
State of Punjab and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms. Gursimran Walia, Advocate
for the petitioners.
Mr. Rahul Jindal, Assistant Advocate General, Punjab
for respondent No. 1.
Mr. Aditya Singh, Advocate for
Mr. Kartik Khicher, Advocate,
for respondent No. 2.
****
HARKESH MANUJA, J. (ORAL)
The petitioners, by way of present petition filed under Section
482 Cr.P.C., seeks quashing of FIR No. 232 dated 30.06.2018 (Annexure P-
1) under Sections 420 / 465 / 467 / 468 / 471 of IPC, registered at Police
Station Basti Jodhewal, District Ludhiana, alongwith all consequential
proceedings arising out of the same on the basis of compromise dated
15.03.2024 (Annexure P-3).
[2] This Court, while issuing notice of motion vide order dated
08.04.2024, directed the parties to appear before the Trial Court/Illaqa
Magistrate for recording their statements with regard to the validity of
compromise.
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[3] In pursuance of above order dated 08.04.2024, a report dated
01.05.2024 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.
[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 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 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 their clients, submits that the petitioners volunteer to serve public cause
by providing the medical equipment to Civil Hospital, Ludhiana.
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[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 petition is allowed and the FIR (supra) as
well as all subsequent proceedings arising therefrom are hereby quashed qua
the petitioner.
[8] The aforesaid order shall, however, be subject to providing
equipment viz. stretcher and wheelchair etc. to the Civil Hospital, Ludhiana,
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 07, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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