Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nPunjab-Haryana High Court\nSidhant Kalsi And Others vs State Of Punjab And Another on 24 September, 2021CRM-M-5790-2021 (O&M)                                -1-\n\n\n\n        IN THE HIGH COURT OF PUNJAB AND HARYANA AT\n                              CHANDIGARH\n\n\n(119)\n                                                 CRM-M-5790-2021 (O&M)\n                                               Date of Decision:- 24.09.2021\nSidhant Kalsi and others                             ...Petitioners\n\n                                     VERSUS\n\nState of Punjab and another                          ...Respondents\n\nCORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL\n\nPresent: Mr. S.P.Soi, Advocate with\n         Mr. Sahil Soi, Advocate\n         for the applicants-petitioners.\n                   ...\nSUVIR SEHGAL, J. (Oral)\n\n          The Court has been convened through video conferencing due to\n\nCovid-19 pandemic.\n\nCRM-24738-2021\n\n          Prayer in the application is for preponing of the hearing of main\n\ncase, which is fixed for 29.11.2021.\n\n          Notice of the application.\n\n          On asking of the Court, Mr. Prabhjot Singh Walia, AAG, Punjab\n\naccepts notice on behalf of the State-respondent No.1 and Mr. A.S.Gagrha,\n\nAdvocate accepts notice on behalf of the respondent No.2. They do not\n\nhave any objection in case the prayer is acceded to.\n\n          Application is allowed. The hearing of the main case is preponed\n\nto today and is taken on Board.\n\n\n\n\n                                  1 of 4\n             ::: Downloaded on - 25-09-2021 01:08:46 :::\n CRM-M-5790-2021 (O&M)                                -2-\n\n\n\nCRM-M- 5790-2021\n\n          Instant petition has been filed under Section 482 of the Code of\n\nCriminal Procedure, 1973 for quashing of FIR No.173 dated 09.10.2019\n\nregistered for offence under Sections 341, 323, 356, 148 and 149 of the\n\nIndian Penal Code, 1860, (Sections 325 and 201, IPC, were added later on)\n\nat Police Station Adampur, District Jalandhar, Annexure P-1, along with all\n\nsubsequent proceedings on basis of compromise dated 25.01.2021,\n\nAnnexure P-3.\n\n          Counsel for the petitioners submits that the FIR is an outcome of\n\na petty dispute between the accused-petitioners and the complainant-\n\nrespondent No.2, who were residents of the same locality, which has been\n\nsettled by virtue of compromise, Annexure P-3. Counsel submits that in\n\ncompliance of order passed by this Court on 09.02.2021, the petitioners\n\nhave appeared before the trial Court and their statements have been\n\nrecorded in support of the compromise.\n\n          Heard.\n          Vide order dated 09.02.2021, while issuing notice of motion, this\nCourt directed the parties to appear before the Illaqa Magistrate/trial Court\nfor getting their statements recorded with regard to the compromise and a\nreport was called for on the following aspects:-\n                   "1. The number of accused arraigned in the FIR and\n                   how many have appeared before it and have made\n                   statements and whether any accused is absconding/P.O.\n                   in the case;\n                   2. the name of the complainant and injured/aggrieved\n                   and whether all of them have appeared and made their\n                   statements in support of the compromise;\n                   3. the stage of trial/proceedings;\n                   4. if the compromise is genuine, voluntary and out of\n                   free will of the parties."\n\n\n                                2 of 4\n             ::: Downloaded on - 25-09-2021 01:08:46 :::\n CRM-M-5790-2021 (O&M)                                -3-\n\n\n          In compliance of above order, a report has been received from the\n\ntrial Court, the relevant extract of which is reproduced as under:-\n\n                              "So, on 26.03.2021 both the parties i.e.\n                   complainant namely Aditya son of Mukaddar Lal and\n                   all the accused namely Sidhant Kalsi, Harjinder Kalsi,\n                   Chandan Pal, Mohit Pal and Pratham Pal accused put\n                   their appearance in the Court of the undersigned.\n                   Statements     of     both   the parties   were recorded.\n                   Complainant and accused above named suffered their\n                   respective statements with regard to the execution of\n                   compromise between them. Complainant and accused\n                   above named have deposed that they have compromised\n                   the matter. Complainant has further stated that he has\n                   no objection if the FIR in the present case is quashed\n                   against the above mentioned accused.\n                              It is further submitted that as per record there\n                   are above named five accused arraigned in the present\n                   FIR and there is no other accused. All the above said\n                   accused are appearing before the Court and none of the\n                   accused is PO. The case is at the stage of prosecution\n                   evidence. Adhar Cards as I.D. Proofs of the parties\n                   have been taken on record. It is respectfully submitted\n                   that from the statements of both the parties it seems that\n                   compromise effected between them is genuine one and is\n                   voluntary in nature, without any pressure, out of free\n                   will, duress or any undue influence."\n          Upon instructions from, SI, Prem Kumar, learned State counsel\n\nsubmits that charge has been framed on 24.01.2020, though none out of the\n\ntwelve prosecution witnesses could be examined.\n\n\n\n\n                                3 of 4\n             ::: Downloaded on - 25-09-2021 01:08:46 :::\n CRM-M-5790-2021 (O&M)                                -4-\n\n\n\n          Supreme Court in Gian Singh Versus State of Punjab and\n\nanother, 2012(4) RCR (Criminal) 543 has held that the High Court has\n\nwide power under Section 482 of the Code of Criminal Procedure to quash\n\nan FIR or complaint having predominantly civil flavour or involving\n\nmatrimonial offences and family disputes wherein the wrong is basically\n\nprivate or personal in nature and the parties have resolved their entire\n\ndispute. A Full Bench of this Court in case Kulwinder Singh vs. State of\n\nPunjab and another, 2007(3) RCR (Criminal) 1052 and Division Bench of\n\nthis Court in case Sube Singh and another vs. State of Haryana and\n\nanother, 2013(4) RCR (Criminal) 102 held that compounding of offence\n\ncan be allowed even after conviction, during pendency of the appeal and\n\neven in cases involving non-compoundable offences.\n          Counsel for the parties are also ad idem that in view of the\n\nsettlement of the dispute between the parties, the present petition deserves\n\nto be accepted. In view of the above, no purpose will be served in\n\ncontinuing with the criminal proceedings.\n\n          Accordingly, the petition is allowed.            FIR No.173 dated\n\n09.10.2019, registered under Sections 341, 323, 356, 148 and 149 of the\n\nIndian Penal Code, 1860 (Sections 325 and 201, IPC, were added later on),\n\nat Police Station Adampur, District Jalandhar, Annexure P-1, and all\n\nsubsequent proceedings arising therefrom, are quashed qua the petitioners.\n\n\n24.09.2021                                (SUVIR SEHGAL)\nKamal                                          JUDGE\n        Whether Speaking/Reasoned                Yes/No\n        Whether Reportable                          Yes/No\n\n\n\n\n                                4 of 4\n             ::: Downloaded on - 25-09-2021 01:08:46 :::