Ravinder Singh And ORS. v. State Of Punjab And ANR.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 11.03.2024 RAVINDER SINGH AND ORS.
......Petitioner(s) Vs STATE OF PUNJAB AND ANR.
....Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. Gurmeet Singh Saini, Advocate for Mr. Karanvir Nanda, Advocate for the petitioners.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. Divij Datta, Advocate for respondent No.2.
**** HARKESH MANUJA, J. (Oral) 1.
By way of present petition filed under Section 482 Cr.P.C., prayer is made for quashing of FIR No.110 dated 01.08.2016 registered under Sections 307, 336, 148, 149 and Sections 25 & 27 of Arms Act at Police Station Zira District Ferozepur (Annexure P-1) along with all consequential proceedings arising therefrom on the basis of compromise.
2.
Notice of motion was issued on 20.04.2017 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 20.04.2017 passed by this Court, 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 03.05.2017 had already been received from the concerned court, stating that compromise effected between the parties is 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.
Though FIR is under Section 307 IPC, however as per opinion given by the Doctor, the sole injury attributed to the complainant/injured has been declared simple in nature and also in view of the fact that 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.110 dated 01.08.2016 registered under Sections 307, 336, 148, 149 and Sections 25 & 27 of Arms Act at Police Station Zira District Ferozepur as well as all 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.10,000/- to be deposited in the Poor Patients Welfare Fund of the PGIMER, Chandigarh, within a period of two weeks from today. (HARKESH MANUJA) March 11, 2024 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No