Punjab-Haryana High Court
Harvinder Singh And Another vs State Of Punjab And Another on 14 December, 2023
Neutral Citation No:=2023:PHHC:160888
CRM-M-50613-2023 2023:PHHC:160888
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
272
CRM-M-50613-2023
Date of decision: 14.12.2023
HARVINDER SINGH AND ANOTHER
....Petitioners
Versus
STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Kamal Narula, Advocate
for the petitioners.
Mr. P.S. Grewal, DAG, Punjab.
Mr. Arun Gupta, Advocate for
Mr. Munish Gulati, Advocate for respondent No.2.
KULDEEP TIWARI. J.(Oral)
1. The instant petition filed under Section 482 of the Cr.P.C., proffers the hereinafter extracted relief, as craved by the petitioners, inasmuch as, quashing of the FIR No.231 dated 21.10.2020, under Sections 295-A and 323 of IPC, registered at Police Station Guru Harshia, District Ferozepur, along with all the consequential proceedings arising therefrom, on the basis of a compromise dated 30.09.2023 (Annexure P-2), as entered into inter se the petitioners and the respondent No.2/complainant.
2. At the very outset, learned counsel for the petitioners informs this 1 of 4 ::: Downloaded on - 18-12-2023 23:31:59 ::: Neutral Citation No:=2023:PHHC:160888 CRM-M-50613-2023 2023:PHHC:160888
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The oral request of learned counsel for the petitioner is hereby accepted. The offence under Section 355 IPC, is added, whereas, Section 295-A is ordered to be deleted from the headnote as well as from the prayer clause of the petition. The registry is directed to carry out the relevant amendment in the present petition.
2. Upon an affirmative response from the learned counsel for the respondent No.2/complainant qua the compromise (Annexure P-2), a Co-ordinate Bench of this Court had, through an order drawn on 07.10.2023, upon the instant petition, directed the parties to appear before the learned trial Court/Illaqa Magistrate concerned, for getting their respective statements recorded qua authenticity of the compromise (Annexure P-2). Moreover, the learned trial Court/Illaqa Magistrate concerned was also directed to send a report in the above regard.
3. Consequent to the making of the directions (supra), the parties appeared before the Sub Divisional Judicial Magistrate, Guruharsahai, and got their respective statements recorded, thereby authenticating the compromise (Annexure P-2). Accordingly, in compliance of the directions (supra) of this Court, a Report bearing No.932 dated 10.11.2023, has been received from the Sub Divisional Judicial Magistrate, Guruharsahai, wherein, a satisfaction has been recorded by the Sub Divisional Judicial Magistrate, Guruharsahai qua the compromise (supra), being drawn in a genuine and voluntary manner, without any coercion or undue influence.
4. I have heard counsel for the parties and gone through the case file.
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Neutral Citation No:=2023:PHHC:160888
CRM-M-50613-2023 2023:PHHC:160888
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5. A Co-ordinate Bench of this Court, in CRM-M-25669-2020 (O&M), titled "Abhishek Singh & others V/s State of Punjab & others", Pronounced on:
07.04.2022, while granting a similar relief, as craved in the instant petition, has observed as under:-
"9. The following aspects would be relevant to conclude this petition:-
a) The accused and the private respondents have amicably settled the matter between them in terms of the compromise deed and the statements recorded before the concerned Court;
b) A perusal of the documents reveal that the settlement has not been secured through coercion, threats, social boycotts, bribes, or other dubious means;
c) The victim has willingly consented to the nullification of criminal proceedings;
d) There is no objection from the private respondents in case present FIR and consequent proceedings are quashed;
e) In the given facts, the occurrence does not affect public peace or tranquillity, moral turpitude or harm the social and moral fabric of the society or involve matters concerning public policy;
f) The rejection of compromise may also lead to ill will. The pendency of trial affects career and happiness;
g) There is nothing on the record to prima facie consider the accused as an unscrupulous, incorrigible, or professional offender;
h) The purpose of criminal jurisprudence is reformatory in nature and to work to bring peace to family, community, and society;
i) The exercise of the inherent power for quashing the conviction, sentence and all previous proceedings is justified to secure the ends of justice."
6. In the light of the hereinabove recorded aspects and considering the fact that the offences, for which the petitioners/accused have been charged, are not grave in nature, as also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the 3 of 4 ::: Downloaded on - 18-12-2023 23:32:00 ::: Neutral Citation No:=2023:PHHC:160888 CRM-M-50613-2023 2023:PHHC:160888
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7. Resultantly, FIR No.231 dated 21.10.2020, under Sections 295-A and 323 of IPC, registered at Police Station Guru Harshia, District Ferozepur, along with all the consequential proceedings arising therefrom, are hereby quashed, on the basis of the compromise dated 30.09.2023 (Annexure P-2).
(KULDEEP TIWARI)
14.12.2023 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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