Vinay Bhandari And Another v. State Of Punjab And Another

E HIGH COURT OF PUNJ IN THE JAB AND HARYANA ARH e of Decision: May 06, 2024 AT CHANDIGA Date ........Petitioners VINAY BHAN STATE OF PU CORAM: HO

Present:

M M M DARI AND ANOTHER

Versus

UNJAB AND ANOTHER ........Respondents ON'BLE MR. JUSTICE HARK KESH MANUJA Mr. Rajesh Kumar Kashyap, Ad Mr. Siddharth Sandhu, AAG, P Mr. Sandeep Gahlawat, Advoc dvocate for the petitioners.

Punjab.

cate for respondent No.2.

**** ANUJA, J. (ORAL) HARKESH MA By y way of this petition filed un nder Section 482 Cr.P.C. the e petitioners pr ray for quashing of case bearing FIR No.206 dated d 04.10.2023 reg gistered under Sections 420 a and 120-B of IPC at P.S. City y Gurdaspur, Dis strict Gurdaspur along with a ll consequential proceedings s arising out of t the same on the basis of com promise.

2.

As s per allegations levelled i in the FIR, the petitioners s committed frau ud with complainant-responde ent No.2, pertaining to land in n question.

3.

Th his Court while issuing notice e of motion vide order dated d 15.03.2024 dir rected the parties to appear be efore trial Court for getting their r statements rec corded as regards the veracity y of the compromise arrived at t between them .

4.

In pursuance to the order date ed 15.03.2024, a report dated d 01.04.2024 ha as been received from the con ncerned Court, stating that the e compromise in n the present case is genuine a and voluntary.

-25.

Learned counsel for the petitioners submits that once, a compromise has been arrived at between the parties without any pressure and respondent No.2 has 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 01.04.2024. 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.

Moreover, learned counsel for the petitioners on instructions from his clients, submits that they volunteer to serve public cause by providing 5 Para Cardiac Monitors to Civil Hospital, Gurdaspur. 9.

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.206 dated 04.10.2023 registered under Sections 420 and 120-B of IPC at P.S. City Gurdaspur, District Gurdaspur along with all consequential proceeding arising therefrom, are hereby quashed. 10.

Accordingly, petition stands, allowed, however subject to providing 5 Para Cardiac Monitors to Civil Hospital, Gurdaspur.within a period of two weeks from today as volunteered by the petitioners against due receipt issued by the concerned Civil Surgeon, who shall prepare an inventory in this regard for its regular inspection by the Director concerned. A copy of the receipt shall also be sent to the office of Advocate General, Punjab at the earliest for maintaining records in this regard.

06.05.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No