Punjab-Haryana High Court
Akshit vs Union Of Territory Of Chandigarh And ... on 7 May, 2024
277
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-59332-2023
2023
Date of Decision: May 07, 2024
AKSHIT ........Petitioner
Versus
UNION OF TERRITORY OF CHANDIGARH AND OTHERS
........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Akash Kundu, Advocate for the petitioner.
Mr. Sidakmeet Sandhu, APP for UT Chandigarh.
Mr. Sushil Sheoran, Advocate for respondents No.2 and 3.
****
HARKESH MANUJA,
MANUJA J. (ORAL)
By way of this petition filed under Section 482 Cr.P.C. the
petitioner prays
pray for quashing of case bearing FIR No.0045
0045 dated
18.03.2022 registered under Sections 279 and 337 of IPC as well as
Section 185 of The Motor Vehicle Act, 1988 at P.S. South Sector 34,
Chandigarh along with all consequential proceedings arising out of the
same on the basis of compromise dated 18.11.2023
18.11.2023.
2. As per allegations levelled in the FIR, the petitioner having
consumed alcohol hit the motorcycle of respondents No.2 and 3 with his
car due to which they suffered injuries.
3. This Court while issuing vide order dated 12.03.2024 directed
the parties to appear before trial Court for getting their statements
recorded as regards the veracity of the compromise arrived at between
them.
4. In pursuance to the order dated 12.03.2024, a report dated
27.03.2024 has been received
received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
5. Learned counsel for the petitioner submits that once, a
compromise has been arrived at between the parties without any pressure
and respondents No.2 and 3 have no objection as regards quashing of
FIR as well as all other subsequent proceedings arising out of the same
against the petitioner; the dispute purely personal in nature, there does not
appear to be any impediment as regards quashing of present FIR. He also
submits that 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 on
the basis of compromise entered into between the parties.
6. On the other hand, learned State counsel submits that
allegations in the present FIR are of serious nature and he opposes the
prayer made in the petition.
7. I have heard learned counsel for the parties and gone
through the records including the report dated 27.03.2024. 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 directions issued by this 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".
8. 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 petition is allowed and FIR
No. 0045 dated 18.03.2022 registered under Sections 279 and 337 of IPC
as well as Section 185 of The Motor Vehicle Act, 1988 at P.S. South
Sector 34, Chandigarh along with all consequential proceeding arising
therefrom, are hereby quashed.
9. However, the aforesaid order shall be subject to payment of
costs of Rs.10,000/- by the petitioner which is to be deposited with
Nishkam Sewa Group, run by Punjab and Haryana High court Lawyers
at Chandigarh within a period of two weeks.
07.05.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
