Nirmala And ORS v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.46441 of 2021 (O&M) Date of Decision: 06.03.2024 NIRMALA AND ORS ......Petitioner(s) Vs STATE OF HARYANA AND ANR ....Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Kuldeep Sheoran, Advocate for the petitioners.

Mr. Gurmeet Singh, Asstt. A.G., Haryana.

Mr. Manoj Sharma, 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.134 dated 22.10.2020 registered under Sections 323, 307, 506, 34 IPC and Section 3 of SC/ST Act, 1989 (Section 307 IPC and Section 3 of SC/ST Act added later on) at Police Station Machhroli, District Jhajjar, Haryana along with all consequential proceedings arising therefrom on the basis of compromise.

2.

Vide order dated 17.05.2023 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 17.05.2023 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 06.06.2023 has 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.

Considering the weapon of offence; parties are residents of the same locality; 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.

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.134 dated 22.10.2020 registered under

Sections 323, 307, 506, 34 IPC and Section 3 of SC/ST Act, 1989 (Section 307 IPC and Section 3 of SC/ST Act added later on) at Police Station Machroli, District Jhajjar, Haryana 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.20,000/- to be deposited in the Poor Patients Welfare Fund of the PGIMER, Chandigarh,, within a period of two weeks from today. (HARKESH MANUJA) March 06, 2024 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No