Gurdip Singh And Others v. State Of Punjab And Others
2023:PHHC:072769
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: May 17, 2023 GURDIP SINGH AND OTHERS ........ Petitioners
Versus
STATE OF PUNJAB AND OTHERS ........ Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. Rajesh Kapila, Advocate for the petitioners. Mr. Kunal Vinayak, AAG, Punjab.
Ms. Ramandeep Kaur, Advocate for respondents No.2-4. **** HARKESH MANUJA, J. (ORAL) By way of present petition under Section 482 Cr.P.C. the petitioners pray for quashing of case FIR No.115 dated 01.09.2020 registered under Sections 326, 325, 324, 323 and 34 IPC, P.S. Sekhwan, District Batala (P-1) along with all consequential proceedings arising out of the same on the basis of compromise dated 21.02.2023 (P-2). 2.
As per allegations levelled in the FIR, the petitioners attacked the complainants with datar and gandasi.
3.
In pursuance to an order dated 24.03.2023 passed by this Court whereby, the parties were directed to appear before trial Court for getting their statements recorded as regards the veracity of the compromise arrived at between them, a report dated 28.04.2023 has been received from the concerned Court, stating that the compromise in the present case is genuine and voluntary. No accused has been declared as proclaimed offender. There is only one complainant namely Satnam Singh and two injured namely Palwinder Singh and Tarsem Singh who have been impleaded as respondents No.3 and 4.
2023:PHHC: 072769 -24.
Learned counsel for the petitioners submits that once, a compromise has been arrived at between the parties without any pressure and respondents No.2-4 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.
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.
6.
I have heard learned counsel for the parties and gone through the records including the report dated 28.04.2023. 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".
2023:PHHC: 072769 -37.
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.115 dated 01.09.2020 registered under Sections 326, 325, 324, 323 and 34 IPC, P.S. Sekhwan, District Batala along with all consequential proceedings arising therefrom, are hereby quashed. 8.
The aforesaid order shall however be subject to payment of Costs of Rs.10,000/- to be deposited with the Punjab and Haryana High Court Association Lawyer's Family Welfare Fund having account No. 41564846387 with State Bank of India, High Court Branch, Chandigarh, within a period of two weeks from today. 17.05.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No