Heera Singh @ Lama Heera And Others v. State Of Punjab And Others

IN THE E HIGH COURT OF PUNJ JAB AND HARYANA ARH e of Decision: May 07, 2024 AT CHANDIGA Date THERS ........Petitioners HEERA SING STATE OF PU CORAM: HO

Present:

M M M M GH @ LAMA HEERA AND OT

Versus

UNJAB AND OTHERS ........Respondents ON'BLE MR. JUSTICE HARK KESH MANUJA Mr. Sandeep Kumar, Advocate Mr. Siddharth Sandhu, AAG, P Mr. Sahil Nain, Advocate and Mr. Nitish Bhardwaj, Advocate e for the petitioners.

Punjab.

for respondents No.2 to 4.

**** ANUJA, J. (ORAL) HARKESH MA By y way of this petition filed un nder Section 482 Cr.P.C. the e petitioners pra y for quashing of case bearing g FIR No.06 dated 14.01.2024 registered und der Sections 323, 324, 341, 50 06, 148 and 149 (Section 326 of IPC was added later on) of IPC at P.S. Division 2, Police e Commissioner rate Ludhiana along with all consequential proceedings s arising out of t the same on the basis of com promise dated 09.02.2024.

2.

As s per allegations levelled in th e FIR, the petitioners inflicted d injuries on resp pondents No.2 to 4 with their re espective weapons.

3.

Th his Court while issuing notice e of motion vide order dated d 12.03.2024 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 12.03.2024, a report dated d 01.05.2024 ha as been received from the con ncerned Court, stating that the e compromise in n the present case is genuine a and voluntary.

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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 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 01.05.2024. 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".

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Moreover, learned counsel for the petitioner on instructions from his client, submit that he volunteers to serve public cause by providing 2 delivery tables to Civil Hospital, Ludhiana. 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. 06 dated 14.01.2024 registered under Sections 323, 324, 341, 506, 148 and 149 (Section 326 of IPC was added later on) of IPC at P.S. Division 2, Police Commissionerate Ludhiana along with all consequential proceeding arising therefrom, are hereby quashed. 10.

Accordingly, petition stands, allowed, however subject to providing 2 delivery tables to Civil Hospital, Ludhiana within a period of one week from the date of receipt of certified copy as volunteered by the petitioner 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.

07.05.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No