RAJIV KUMAR AND OTHERS vs STATE OF PUNJAB AND ANOTHER

2023:PHHC:143334 CRM-M-39331-2023 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-39331-2023 Date of decision : November 08, 2023 Rajiv Kumar and others ....Petitioners Versus State of Punjab and another ....Respondents CORAM: HON'BLE MR.

JUSTICE KULDEEP TIWARI Present : Mr.

Vijay Kumar, Advocate for Mr.

Sunil Agnihotri, Advocate, for the petitioners Mr.

G.S.

Sandhu, DAG, Punjab Mr.

Bhanu Partap Singh, Advocate, for respondent No.

2 KULDEEP TIWARI,J. (ORAL) 1.

The instant petition, as cast under Section 482 of the Cr.P.C., proffers the hereinafter extracted relief, as craved by the petitioner(s), inasmuch as, quashing of the cross-version FIR registered vide GD No.

28 dated 13.8.2022, under Sections 323, 341, 506, 34 of the IPC, registered at P.S.

Chhabewal, District Hoshiarpur, in FIR No.

23 dated 17.3.2021, Under Sections 323, 325, 506, 34 IPC, Police Station Chhabewal, District Hoshiarpur, along with all the consequential proceedings arising therefrom, on the basis of a compromise (Annexure P-3), as entered into inter se the petitioner(s) and the respondent No.2/complainant.

2.

Upon an affirmative response from the learned counsel for the respondent No.2/complainant qua the compromise (Annexure 1 of 4 ::: Downloaded on - 12-11-2023 01:30:40 ::: Neutral Citation No:=2023:PHHC:143334 2023:PHHC:143334 CRM-M-39331-2023 -2- P-3), a Coordinate Bench of this Court had, through an order drawn on 10.8.2023, upon the instant petition, besides issuing notice, directed the parties to appear before the trial Court/Illaqa Magistrate concerned, for getting their respective statements recorded qua authenticity of the compromise (Annexure P-3).

Moreover, the 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 Judicial Magistrate Ist Class, Hoshiarpur and got their respective statements recorded, thereby authenticating the compromise (Ann omise (Annexure P-3).

Accordingly, in compliance of the directions (supra) of this Court, a Report bearing No.

390 dated 2.11.2023 has been received from the Judicial Magistrate Ist Class, wherein, a satisfaction has been recorded by the court concerned 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.

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:- 2 of 4 ::: Downloaded on - 12-11-2023 01:30:41 ::: Neutral Citation No:=2023:PHHC:143334 2023:PHHC:143334 CRM-M-39331-2023 -3- 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 t rcise 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 3 of 4 ::: Downloaded on - 12-11-2023 01:30:41 ::: Neutral Citation No:=2023:PHHC:143334 2023:PHHC:143334 CRM-M-39331-2023 -4- petitioner/accused has been charged, are not of 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 FIR (supra) is hereby allowed.

7.

Resultantly, cross-version FIR registered vide GD No.

23 dated 17.3.2021, Under Sections 323, 325, 506, 34 IPC, Police Station Chhabewal, District Hoshiarpur, along with all the consequential proceedings arising therefrom, are hereby quashed, on the basis of the compromise (Annexure P-3). ( KULDEEP TIWARI ) November 08, 2023 JUDGE 'tiwana' Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Neutral Citation No:=2023:PHHC:143334 4 of 4 ::: Downloaded on - 12-11-2023 01:30:41 ::: Neutral Citation No:=2023:PHHC:143334