Raju @ Rajender And Another v. State Of Haryana And Others

115 + 257

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: March 28, 2023 RAJU @ RAJENDER AND ANOTHER ........ Petitioners

Versus

STATE OF HARYANA AND OTHERS ........ Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Baljeet Beniwal, Advocate for petitioners. Mr. Ramesh Kumar Ambavta, A.A.G., Haryana.

Mr. Deep Inder Singh Walia, Advocate for Mr. Kartik Khicher, Advocate for respondents No.2 and 3. **** HARKESH MANUJA, J. (ORAL) By way of present petition under Section 482 Cr.P.C. the petitioners pray for quashing FIR No.259, dated 23.10.2020 under Sections 323, 307, 506 and 34 IPC (Section 307 added later on vide order dated 15.03.2021) registered at Police Station Mundkati, District Palwal along with all consequential proceedings arising out of the same on the basis of compromise.

2.

As per allegations levelled in the FIR, the petitioners gave beatings to respondents No.2 and 3 with sticks and lathi and threatened to kill them.

3.

In pursuance to an order dated 22.03.2021 passed by this Court whereby, the parties were directed to appear before trial Court for getting their statements recorded as regards the veracity of the compromise arrived at between them, a report dated 01.07.2021 has been received from the concerned Court, stating that the compromise in the present case is genuine voluntary, without any pressure or undue influence. There is no other accused except the present petitioners and

-2there is one complainant namely Rajesh and an injured-Tushant. 4.

Learned counsel for the petitioners 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 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. 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.

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.

6.

I have heard learned counsel for the parties and gone through the records including the report dated 01.07.2021. 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.

-3State of Punjab & Anr., 2012(4) RCR (Crl.) 543". The FIR in question was registered on account of a sudden fight between two students i.e. petitioner No.2 and the complainant who were studying in the same school at the time of incident and the weapon of offence has also been sticks only.

7.

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 and the better future of the young boys and their generations to come so as to minimize the inimical attitude towards each other, the petition is allowed and FIR No.259, dated 23.10.2020 under Sections 323, 307, 506 and 34 IPC along with all consequential proceedings arising therefrom, are hereby quashed.

8.

The aforesaid order shall however be subject to payment of Costs of Rs.25,000/- to be deposited with the Punjab and Haryana High Court Association Lawyer's Family Welfare Fund having account No. 41564846387 with State Bank of India, High Court Branch, Chandigarh, within a period of two weeks from today. 28.03.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No