Allowed

Kuldeep Singh and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC25 Jan 2023CRM-M/15136/2022

Case brief

AI extract

What is this about?

Under Section 482 Cr.P.C., the petition sought quashing of an FIR alleging assault and unlawful assembly. The Single Judge ordered quashing of the FIR due to a genuine compromise, noting the dispute was personal with no societal interest and no challan had been presented.

What did the court decide?

FIR No.009 dated 21.01.2019 and all consequent proceedings quashed quia pro quo petitioners, subject to deposit of Rs.20,000 in the Lawyer's Family Welfare Fund.

Kuldeep Singh and Anr. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2023)

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CRM-M-15136-2022

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248 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-15136-2022 DATE OF DECISION:-25.01.2023

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Kuldeep Singh and another

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...Petitioners.

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vs.

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State of Punjab and another

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...Respondents..

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CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Ms. Amarjot Kaur, Advocate for Mr. Vikram Anand, Advocate, for the petitioners.

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Mr. Ravinder Singh, AAG, Punjab

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Mr. Nalin, Advocate for Mr. Sunpreet Singh, Advocate, for respondent No.2.

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HARKESH MANUJA, J.

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By way of present petition under Section 482 Cr.P.C., the petitioners pray for quashing of FIR No.009 dated 21.01.2019, under Sections 452, 323, 342, 148, 149 and 506 IPC, registered at Police Station City Kapurthala along with all consequential proceedings arising out of the same on the basis of compromise dated 20.12.2021 (Annexure P-4).

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As per the allegations levelled in the FIR, the petitioners along with one unknown person after entering into the house of complainant inflicted injuries upon him with their respective weapons.

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In pursuance to an order dated 08.04.2022 passed by this Court,

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SONIKA 2023.02.01 10:32 I attest to the accuracy and authenticity of this document

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CRM-M-15136-2022

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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, report dated 26.04.2022 has been received from the concerned court, stating that the compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. It is further mentioned that the present case is at investigation stage and challan has not been presented. All the concerned have signed the compromise deed.

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Thus 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 has 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.

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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 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 .

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SONIKA 2023.02.01 10:32 I attest to the accuracy and authenticity of this document

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CRM-M-15136-2022

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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 FIR No.009 dated 21.01.2019, under Sections 452, 323, 342, 148, 149 and 506 IPC, registered at Police Station City Kapurthala as well as all the subsequent proceedings arising therefrom are hereby quashed qua the present petitioners only.

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Accordingly, petition stands disposed of but subject to deposit of a sum of Rs.20,000/- by the petitioners within a period of two weeks from today in the following account:-

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Account Name – Punjab and Haryana High Court Bar Association Lawyer's Family Welfare Fund Account No.-41564846387 Bank Name- SBI High Court Branch.

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25.01.2023

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sonika

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(HARKESH MANUJA) JUDGE

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whether speaking/reasoned: Yes/No whether reportable: Yes/No

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SONIKA 2023.02.01 10:32 I attest to the accuracy and authenticity of this document

Kuldeep Singh and Anr. v. State of Punjab and Anr.

Case brief

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Kuldeep Singh and Anr. v. State of Punjab and Anr.

Case brief

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