Parminder Kaur And Another v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: March 29, 2023 PARMINDER KAUR AND ANOTHER ........ Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........ Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. H.S. Sammi, Advocate for petitioners.
Mr. Amit Shukla, AAG, Punjab.
Mr. Harsh Raheja, Advocate for respondent No.2. **** HARKESH MANUJA, J. (ORAL) By way of present petition under Section 482 Cr.P.C. the petitioners pray for quashing FIR No.156, dated 28.08.2021 under Sections 307, 279 337, 323 34 IPC registered at Police Station Kotwali, District Bathinda (P-1) along with all consequential proceedings arising out of the same on the basis of compromise dated 13.09.2021 (P-2). 2.
As per allegations levelled in the FIR, the petitioners tried to run the car over respondent No.2 with intention to kill him. 3.
In pursuance to an order dated 23.01.2023 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 13.03.2023 has been received from the concerned Court, stating that the compromise in the present case is genuine, voluntary and without any pressure or coercion. There is no other accused except the present petitioners. No accused has been declared as proclaimed offender.
-24.
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 regard 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 13.03.2023. Though the FIR in question includes offence under Section 307 of IPC, however, considering the fact that the dispute relates between the family members and the injury is on the little finger of the right hand, the same does not obstruct the quashing based on the compromise. 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 -3in 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".
7.
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.156, dated 28.08.2021 under Sections 307, 279 337, 323 34 IPC along with all consequential proceedings arising therefrom, are hereby quashed.
8.
The aforesaid order shall however be subject to payment of Costs of Rs.20,000/- 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. 29.03.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No