Sourabh Jain And Another v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: April 10, 2024 SOURABH JAIN AND ANOTHER ........Petitioners
Versus
STATE OF PUNJAB AND OTHERS ........Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. Sahil Nain, Advocate for the petitioners. Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Rajveer Singh Brar, Advocate for respondents No.2 to 4 **** HARKESH MANUJA, J. (ORAL) By way of this petition filed under Section 482 Cr.P.C. the petitioners pray for quashing of case FIR No.107 dated 25.05.2013 registered under Sections 324, 323 and 34 of IPC at P.S. Kapurthala City, District Kapurthala along with all other consequential proceedings arising therefrom on the basis of compromise dated 18.12.2023. 2.
As per allegations levelled in the FIR, the petitioners inflicted injuries upon complainants-respondents No.2 to 4 with danda and dattar. Though, there were three accused persons in the FIR, however, one of the accused namely Ashok Jain who was summoned under Section 319 CrPC, later on died and consequently, proceedings against him stand abated.
3.
This Court while issuing notice of motion vide order dated 16.02.2024 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 16.02.2024, a report dated 19.03.2024 has been received from the concerned Court, stating that the compromise in the present case is genuine and voluntary.
-25.
Learned counsel for the petitioners submits that once, a compromise has been arrived at between the parties without any pressure and respondents No.2 to 4 have no objection as regards 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. 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 19.03.2024. 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".
-38.
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. 107 dated 25.05.2013 registered under Sections 324, 323 and 34 of IPC at P.S. Kapurthala City, District Kapurthala along with all consequential proceeding arising therefrom, are hereby quashed. 9.
The aforesaid order shall, however, be subject to payment of Costs of Rs.10,000/- to be deposited with the Poor Patients' Welfare Fund, PGIMER, Chandigarh within a period of two weeks from today. 10.04.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No