Sahil Sharma v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: May 25, 2023 SAHIL SHARMA ........ Petitioner

Versus

STATE OF PUNJAB AND ANOTHER ........ Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. G.S. Virk, Advocate for petitioner.

Mr. Amit Shukla, AAG, Punjab.

Mr. Vaibhav Katoch, Advocate for Ms. Shazia K. Singh, Advocate for respondent No.2. **** HARKESH MANUJA, J. (ORAL) By way of present petition under Section 482 Cr.P.C. the petitioner prays for quashing of case FIR No.147 dated 27.07.2019 registered under Sections 323, 452, 506 and 34 IPC, P.S. Haibowal, Ludhiana along with all consequential proceedings arising out of the same on the basis of compromise (P-2).

2.

As per allegations levelled in the FIR, the petitioner along with other unknown persons forcibly entered the house of complainant and attacked him with sword.

3.

In pursuance to an order dated 29.04.2023 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 12.05.2023 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.

-24.

Learned counsel for the petitioner submits that once, a compromise has been arrived at between the parties without any pressure and respondent No.2 has no objection as regards quashing of FIR as well as all other subsequent proceedings arising out of the same against the petitioner; 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 12.05.2023. 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".

-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.147 dated 27.07.2019 registered under Sections 323, 452, 506 and 34 IPC, P.S. Haibowal, Ludhiana along with all consequential proceedings arising therefrom, are hereby quashed.

25.05.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No