Pardeep Kumar v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-236-2021 Decided on : 25.02.2021 Pardeep Kumar . . . Petitioner(s)

Versus

State of Haryana and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Jitender S. Chahal, Advocate for the petitioner(s).

Mr. Rajiv Goel, DAG, Haryana.

Mr. Ravinder Malik, Advocate for respondent No.2 - complainant.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition is for quashing of FIR No. 133, dated 26.06.2020, lodged under Sections 324, 326 IPC (Section 326 IPC added later on), registered at Police Station Chappar, District Yamuna Nagar (Annexure P-1) and all the consequential proceedings arising out of the same, on the basis of compromise and affidavit dated 09.12.2020 (Annexures P-2 & P-3) arrived at, between the parties. Vide order dated 07th January, 2021 of this Court, the parties were directed to appear before the learned Illaqa Magistrate/trial Court on 22nd January, 2021, to get their statements recorded, regarding the compromise arrived at, between them.

Report has since been received from the learned JMIC, Yamuna Nagar at Jagadhri, in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between JAWALA RAM 2021.02.25 14:43 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-236-2021 - 2 - the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that she would have no objection if the FIR qua the accused-petitioners is quashed. The trial Court has annexed the statements in original of the parties along with its report.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Yamuna Nagar at Jagadhri, and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. At this stage, learned counsel for the petitioner has also apprised the Court that the petitioner is in custody. Since the FIR is quashed, therefore, the petitioner is ordered to be released forthwith, if he is not required in any other case. (MANJARI NEHRU KAUL) JUDGE February 25, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.02.25 14:43 I attest to the accuracy and authenticity of this document Chandigarh