Ajay And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 285-2 Date of Decision : April 25, 2024 AJAY AND ORS -PETITIONERS V/S STATE OF PUNJAB AND ORS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Ankit Gupta, Advocate for the petitioners.

Mr. Pardeep Bajaj, D.A.G., Punjab.

Mr. Vishal Thakur, Advocate for the respondents No.2 and 3.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition, as cast under Section 482 of the Cr.P.C., the petitioners crave for the hereinafter extracted relief(s):- "Quashing of cross version case, as recorded vide DDR No.34 dated 24.09.2023 (Annexure P-2), under Sections 307/323/ 324/427/34 of the IPC (Section 307 of the IPC deleted subsequently vide DDR No.35 dated 11.02.2024), registered at P.S. Bullowal, District Hoshiarpur, in case FIR No.138 dated 11.09.2023, under Sections 323/324/326/341/34 of the IPC, registered at P.S. Bullowal, District Hoshiarpur, along with all consequential proceedings arising therefrom, on the basis of Compromise (Annexure P-4)."

2.

Upon an affirmative response from the learned counsel for the respondents No.2 and 3 qua the compromise (Annexure P-4), this Court had, through drawing an order on 05.03.2024 upon the instant petition, besides issuing notice, directed the parties to appear before the trial

Court/Illaqa Magistrate concerned, for getting their respective statements recorded qua authenticity of the compromise (Annexure P-4). Moreover, the trial Court/Illaqa Magistrate concerned was also directed to send a report in the above regard.

3.

Consequent to the making of the directions (supra), the parties appeared before the Judicial Magistrate 1st Class, Hoshiarpur and got their respective statements recorded, thereby authenticating the compromise (Annexure P-4). Accordingly, in compliance of the directions (supra) of this Court, a Report has been received from the Judicial Magistrate 1st Class, Hoshiarpur, wherein, a satisfaction has been recorded by the Magistrate concerned qua the compromise (supra) being drawn in a genuine and voluntary manner, without any coercion or undue influence. 4.

I have heard counsel for the parties and gone through the case file.

5.

A Co-ordinate Bench of this Court, in CRM-M-25669-2020 (O&M), titled "Abhishek Singh & others V/s State of Punjab & others", Pronounced on: 07.04.2022, while granting a similar relief, as craved in the instant petition, has observed as under:- "9. The following aspects would be relevant to conclude this petition:- a) The accused and the private respondents have amicably settled the matter between them in terms of the compromise deed and the statements recorded before the concerned Court; b) A perusal of the documents reveal that the settlement has not been secured through coercion, threats, social boycotts, bribes, or other dubious means;

c) The victim has willingly consented to the nullification of criminal proceedings;

d) There is no objection from the private respondents in case present FIR and consequent proceedings are quashed;

e) In the given facts, the occurrence does not affect public peace or tranquillity, moral turpitude or harm the social and moral fabric of

the society or involve matters concerning public policy; f) The rejection of compromise may also lead to ill will. The pendency of trial affects career and happiness; g) There is nothing on the record to prima facie consider the accused as an unscrupulous, incorrigible, or professional offender; h) The purpose of criminal jurisprudence is reformatory in nature and to work to bring peace to family, community, and society; i) The exercise of the inherent power for quashing the conviction, sentence and all previous proceedings is justified to secure the ends of justice."

6.

In the light of the hereinabove recorded aspects and considering the fact that the offences, for which the petitioners/accused have been charged, are not grave in nature, as also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the cross version/DDR (supra) is hereby allowed.

7.

Resultantly, the cross version case, as recorded vide DDR No.34 dated 24.09.2023 (Annexure P-2), under Sections 307/323/ 324/427/34 of the IPC (Section 307 of the IPC deleted subsequently vide DDR No.35 dated 11.02.2024), registered at P.S. Bullowal, District Hoshiarpur, in case FIR No.138 dated 11.09.2023, under Sections 323/324/326/341/34 of the IPC, registered at P.S. Bullowal, District Hoshiarpur, along with all consequential proceedings arising therefrom, is hereby quashed on the basis of Compromise (Annexure P-4), subject to cost of Rs.5,000/- being forthwith deposited by the petitioners with the District Legal Services Authority concerned.

(KULDEEP TIWARI) April 25, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No