Mukesh Kumar Jha v. State Of Punjab And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 19.03.2024 MUKESH KUMAR JHA ..........Petitioner versus STATE OF PUNJAB AND ANOTHER .......Respondents

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Abhilaksh Gaind, Advocate with Mr. Rakesh Roy, Advocate for the petitioner Mr. Siddharth Sandhu, AAG Punjab.

Mr. Manvender Singh Sangwan, Advocate for respondent No.2.

KIRTI SINGH, J. (ORAL) 1.

By way of present petition filed under Section 482 Cr.P.C., prayer is made for quashing of FIR No.90 dated 26.05.2022 registered under Sections 408, 420, 120-B IPC and 465, 467, 468, 201 IPC added later on at Police Station Division No.6, Police Commissionerate Jalandhar (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise. 2.

Notice of motion was issued on 19.01.2024 and both the parties were directed 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 19.01.2024 passed by the Co-ordinate Bench, whereby the parties were directed to appear before the Trial Court for getting their statements recorded as regards the veracity of compromise arrived at between them, a report dated 12.02.2024 has been received from the concerned court, stating that compromise effected between the parties is

-2- 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.

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.90 dated 26.05.2022 registered under Sections 408, 420, 120-B IPC and 465, 467, 468, 201 IPC added later on at Police Station Division No.6, Police Commissionerate Jalandhar as well as all

-3- the subsequent proceedings arising therefrom are hereby quashed qua the petitioners.

7.

Accordingly, petition stands allowed, however subject to payment of cost(s) of Rs.5,000/- to be deposited in the Poor Patients Welfare Fund of the PGIMER, Chandigarh, within a period of two weeks from today. (KIRTI SINGH) JUDGE 19.03.2024 k.nain Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No