Punjab-Haryana High Court
Surinder Kaur And Others vs State Of Punjab And Another on 24 September, 2024
Neutral Citation No:=2024:PHHC:126754
AT CHANDIGARH
263
CRM-M-49283-2023 (O&M)
Date of decision: 24.09.2024
SURINDER KAUR AND OTHERS
....Petitioner(s)
Versus
STATE OF PUNJAB AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Avtar Singh Bhatt, Advocate for the petitioners.
Mr. Satjot Singh, AAG Punjab.
Mr. Mohit Piplani, Advocate for
Mr. Vishal Nehra, Advocate for respondent No.2.
*****
MANISHA BATRA. J. (Oral)
1. The present petition has been filed under Section 482 of Code of
Criminal Procedure for quashing of FIR No.23 dated 03.04.2023 under Sections
451, 323, 324, 34 IPC registered at Police Station Chabbewal, District Hoshiarpur
and all the subsequent proceedings arising therefrom, on the basis of compromise
dated 14.05.2023 (Annexure P-2).
2. This Court vide order dated 03.11.2023 had directed the parties to
appear before the Illaqa/Duty Magistrate to get their statements recorded and the
learned Magistrate was directed to send its report qua the genuineness of the
compromise.
3. Pursuant to the aforesaid order, parties have appeared before the
learned Judicial Magistrate Ist Class, Hoshiarpur and got their statements
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submitted report dated 15.03.2024 to the effect that the compromise has been
effected between the parties voluntarily and without any coercion or undue
influence. It is also mentioned in the report that apart from the petitioners, there is
one more accused namely, Manish Kumar was nominated in the present FIR.
Separate statements of present petitioners and complainant/respondent No.2 as
well as the Investigating Officer had been recorded. It is further mentioned in the
report that a compromise has been effected between the parties and that the
petitioners have not been declared proclaimed persons in this case.
4. The factum of compromise having arrived at between the parties has
not been disputed by learned State counsel as well as counsel for respondent No.2.
Learned State counsel, however, has submitted that it is a case of partial
compromise as the co-accused Manish Kumar is not a party to the same and it
might have repercussions upon the trial. In the opinion of this Court, since it has
come on record that the compromise has been effected between the parties to
maintain peace and harmony and as there are bleak chances of conviction of the
petitioners, therefore, partial quashing or part quashing of the FIR qua the
petitioners only, can be allowed. In this regard reliance can be placed upon the
observations made by Delhi High Court in "Sunil Tomar Vs. State of NCT of
Delhi", 2022(2) Crl. CC 179 and "Lovely Salhotra and another vs. State of NCT
of Delhi", (2018) 12 SCC 391 as well as judgments passed by the co-ordinate
Bench of this Court in "Parambir Singh Gill vs. Malkiat Kaur", 2010 (1) RCR
(Criminal) 256 and "Samay Singh vs. State of Haryana" 2023 NCPHHC 99612.
5 As per the discussion so made above, no useful purpose would be
served to continue with the proceedings before the trial Court in the instant FIR.
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this Court in Kulwinder Singh and others Versus State of Punjab and another
2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in
Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition
is allowed and FIR No.23 dated 03.04.2023 under Sections 451, 323, 324, 34 IPC
registered at Police Station Chabbewal, District Hoshiarpur and all subsequent
proceedings arising therefrom on the basis of compromise dated 14.05.2023
(Annexure P-2) are quashed qua the petitioners herein only.
(MANISHA BATRA)
JUDGE
24.09.2024
S.Sharma(syr)
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/ No
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