Punjab-Haryana High Court
Gurmail Singh @ Gomal And Ors vs State Of Punjab And Another on 13 April, 2023
Neutral Citation No:=2023:PHHC:054119
CRM-M-45595-2022 1 2023:PHHC:054119
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(267) CRM-M-45595-2022
Date of Decision: 13.04.2023
Gurmail Singh @ Gomal and ors ...Petitioners
Versus
State of Punjab and Another ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. A. P. Kaushal, Advocate, for the petitioners.
Mr. Amit Shukla, AAG, Punjab.
Mr. S. S.Brar, Advocate, for respondent No.2.
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HARKESH MANUJA, J.(ORAL)
By way of present petition filed under Section 482 Cr.P.C., petitioners pray for quashing of FIR No.0002 dated 11/01/2016, registered under Sections 323/324/452/34 IPC at Police Station Dasuya Distt. Hoshiarpur (Annexure P-1) along with all consequential proceedings arising out of the same on the basis of compromise dated 08.04.2022 (Annexure P-2).
2. In the present case, petitioners gave beatings and inflicted injuries to the complainant due to some altercation between them, resulting into registration of the present FIR.
3. In pursuance to an order dated 22.02.2023 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, report dated 22.03.2023 has been received from the concerned court, stating that the compromise in the present case is valid, genuine, voluntary and without any coercion or under influence. There is no other 1 of 3 ::: Downloaded on - 19-04-2023 22:34:11 ::: Neutral Citation No:=2023:PHHC:054119 CRM-M-45595-2022 2 2023:PHHC:054119 accused except the present petitioners and the sole complainant namely, Harbhajan Singh. No accused has been declared as proclaimed offender. The stage of trial was fixed for evidence of prosecution.
4. Learned counsel for the petitioners submits that 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 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. He further submits that 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. On the other hand learned State counsel submits that injuries have been inflicted upon the person of victim.
6. Having heard learned counsel for the parties, they having settled their dispute so as to live peacefully 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 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.
7. 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 2 of 3 ::: Downloaded on - 19-04-2023 22:34:11 ::: Neutral Citation No:=2023:PHHC:054119 CRM-M-45595-2022 3 2023:PHHC:054119 aforementioned judgment, the instant petition is allowed and FIR No.0002 dated 11/01/2016, registered under Sections 323/324/452/34 IPC at Police Station Dasuya Distt. Hoshiarpur (Annexure P-1) as well as all the subsequent proceedings arising therefrom are hereby quashed.
8. The aforesaid order shall however, be subject to payment of costs of Rs.20,000/- to be deposited by the petitioners with the Punjab and Haryana High Court Association Lawyer's Family Welfare Fund having Account No.41564846387 with State Bank of India, High Court Branch, Chandigarh, within a period of two weeks from today.
(HARKESH MANUJA)
JUDGE
13.04.2023
anil
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:054119
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