Punjab-Haryana High Court
Happy Kumar And Another vs State Of Punjab And Others on 20 July, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
2023:PHHC:092015 CRM-M-39769-2021 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 266-1 CRM-M-39769-2021 Date of decision:20.07.2023 Happy Kumar and another ... Petitioners Vs. State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Ms. Rajwinder Kaur Sandhu, Advocate for the petitioners. Mr. A.P.S. Tung, DAG, Punjab. Mr. G.S. Sandhu, Advocate for respondents No.2 to 4. 2K 2 3 SUVIR SEHGAL J. (ORAL)
1. Instant petition has been filed under Section 482 of Cr.P.C. for quashing of DDR No.37 dated 31.08.2021 under Sections 341, 323, 506 and 149 of IPC, 1860, registered at Police Station City Malout, District Sri Muktsar Sahib in FIR No.173 dated 31.08.2021 under Section 336 of IPC and Section 27 of the Arms Act, 1959, Annexure P-1, alongwith all subsequent proceedings arising therefrom, on the basis of compromise deed, Annexure P-3, arrived at between the parties.
2. Pursuant to order dated 12.04.2023 passed by this Court, report has been received from the Trial Court, relevant extract of which is as under:-
SHEETAL 2023.07.25 17:37 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:092015 CRM-M-39769-2021 -2- "(1) Two accused persons namely (1) Happy Kumar son of Daulat Ram and (2) Gagandeep son of Shankar Lal, r/o Malout, Tehsil Malout District Sri Muktsar Sahib i.e. (Petitioner no.1 & 2 in CRM-M-
39769-2021) were arrayed as accused in the FIR.
(2) None of the accused was declared proclaimed offender.
(3) The parties have voluntarily, without any pressure or coercion or undue influence, and out of their free will and consent have entered into the compromise between themselves and have settled the matter amicably and the said compromise seems to be voluntary, genuine and true.
(4) The accused persons are not involved in any other case.
(5) There are three victims/complainants namely (1) Rajinder Singh @ Rajinder pal Singh son of Boota Singh resident of village Fatehpur Mania wala, Tehsil Malout District Sri Muktsar Sahib (2) Paras Grover son of Ramesh Kumar r/o Camp Malout, Tehsil Malout District Sri Muktsar Sahib and (3) Surat Singh son of Vijay Kumar r/o Gadwal, Haridwar (Uttarkhand) at present r/o City Malout, Tehsil Malout District Sri Muktsar Sahib in the present FIR/DDR."
3. Counsel for the petitioners submits that although the offence under Section 27 of the Arms Act has been invoked, but the allegation levelled in the FIR is that one of the accused have fired in the air. She submits that it is a case of "no injury".
4. Counsel representing respondents No.2 to 4 does not have any objection in case the compromise is given effect to.
5. Heard counsel for the parties.
6. Dispute has been amicably resolved amongst the parties with the intervention of the respectables by virtue of compromise, Annexure P-3.
SHEETAL 2023.07.25 17:37 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:092015 CRM-M-39769-2021 -3-
7. In view of the report given by the Trial Court and the judgment of the Supreme Court in Gian Singh Versus State of Punjab and another, 2012(4) RCR (Criminal) 543 and a Full Bench of this Court in Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this Court is of the view that keeping the criminal proceedings alive would not serve any purpose and setting them aside would enable the parties to lead a harmonious and peaceful life.
8. Accordingly, the petition is allowed. DDR No.37 dated 31.08.2021 under Sections 341, 323, 506 and 149 of IPC, 1860, registered at Police Station City Malout, District Sri Muktsar Sahib in FIR No.173 dated 31.08.2021 under Section 336 of IPC and Sections 27 of the Arms Act, 1959, Annexure P-1, along with all subsequent proceedings arising therefrom, are quashed qua the petitioners.
20.07.2023 (SUVIR SEHGAL) sheetal JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SHEETAL 2023.07.25 17:37 | attest to the accuracy and integrity of this document Chandigarh