High Court imposes ECG machine rider to quash criminal complaint

Saurabh Malik

Chandigarh, June 13

Patients at the Patiala Civil Hospital are poised to benefit following a compromise between two opposing parties in complaint alleging attempt to murder and other offences. The Punjab and Haryana High Court made it clear that its decision to quash the FIR was contingent upon the petitioners’ voluntary provision of an ECG machine to the hospital.

“The petition stands allowed, however, subject to providing one ECG machine to the Civil Hospital, Patiala, within a week from the receipt of the order’s certified copy as volunteered by the petitioners, Justice Harkesh Manuja asserted.

The matter was placed before Justice Manuja after a petition was filed for quashing on the basis of compromise a criminal complaint dated March 3, 2014, for attempt to murder and other offenses under Sections 307, 323, 506, 148 and 149 of the IPC. Directions were also sought for quashing all subsequent proceedings, including the summoning order dated April 22, 2015.

Justice Manuja asserted there were no impediments once the compromise was reached between the parties without any external pressure, and considering that the complainant had no objection to quashing the complaint and all subsequent proceedings against the petitioners.

Justice Manuja also observed that the parties had endured a decade of trial agony. Besides this, the incident referred to in the complaint was not predetermined and premeditated. It lacked motive, with injuries not being life-threatening.

“Even otherwise, 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 by quashing the complaint on the basis of compromise entered into between the parties,” Justice Manuja asserted.

In his detailed order, Justice Manuja added the parties had settled their dispute to live in peace in future. As such, useful purpose would not be served by proceeding further with the criminal proceedings. “In the light of the developments, no cause remains for the trial court to invest further time and effort in adjudicating this complaint,” Justice Manuja added.