Manjit Singh And Another v. State Of Punjab And Another
--1-- 250 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION:-07.02.2023 Manjit Singh and another
...Petitioners.
vs.
State of Punjab and another
...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. Yashpal Thakur, Advocate, for the petitioners.
Mr. Ravinder Singh, AAG, Punjab Ms. Arshdeep Kaur, Advocate for Mr. Gaurav Arora, Advocate, for respondent No.2.
**** HARKESH MANUJA, J.
By way of present petition under Section 482 Cr.P.C., the petitioners pray for quashing of FIR No.24 dated 15.04.2017, under Sections 323, 325, 148 and 149 IPC (Sections 201 and 34 IPC added later on), registered at Police Station Longowal, District Sangrur along with all consequential proceedings arising out of the same on the basis of compromise dated 29.08.2022 (Annexure P-5).
2.
As per the allegations levelled in the FIR, the petitioners along with their co-accused, namely, Pritam Singh, gave injuries to the complainant with their respective weapons.
3.
In pursuance to an order dated 14.11.2022 passed by this Court,
--2-- whereby the parties were directed to appear before the trial Court for getting their statements recorded as regards the veracity of the compromise arrived at between them, a report dated 16.12.2022 has been received from the concerned court stating that the compromise appears to be genuine, entered voluntarily and without any coercion and undue influence. It also finds mentioned in the report that there are total three accused namely, Manjit Singh, Jagjit Singh and Pritam Singh (Pritam Singh died on 04.06.2019 and proceedings qua him abated vide order dated 04.06.2019) and there is only one complainant, namely Shehbaz Khan. No accused has been declared as PO and there is no other case registered against them. 4.
Once, the 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 petitioners; the dispute being purely personal in nature, there does not appear to be any impediment as regards quashing of present FIR. Even otherwise, 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. 5.
The parties having settled their dispute so as to live in peace in furture, 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
--3-- 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.
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, FIR No.24 dated 15.04.2017, under Sections 323, 325, 148 and 149 IPC (Sections 201 and 34 IPC added later on), registered at Police Station Longowal, District Sangrur as well as all the subsequent proceedings arising therefrom are hereby quashed qua the petitioners.
7.
Accordingly, petition stands disposed of but subject to deposit of a sum of Rs.5,000/- by the petitioners within a period of two weeks from today before the Bar Clerks Association, Punjab and Haryana High Court, Chandigarh.
07.02.2023 (HARKESH MANUJA) sonika JUDGE whether speaking/reasoned:
Yes/No whether reportable:
Yes/No