Kulwant Singh And ORS v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-566-2025 Date of decision: March 7th, 2025 Kulwant Singh and others .....Petitioners

Versus

State of Haryana and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Kushager Goyal, Advocate for the petitioners.

Mr. Yuvraj Shandilya, Assistant Advocate General, Haryana.

Mr. Dushyant Rana, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.51 dated 18.04.2024 under Sections 147, 148, 149, 323, 452, 285, 506 of the IPC and Sections 25, 27 of the Arms Act (Sections 25, 27 of the Arms Act and Sections 147, 148, 149, 285 of the IPC deleted and Section 34 of the IPC added during investigation) registered at Police Station Badaguda, District Sirsa and all other subsequent proceedings arising therefrom, on the basis of compromise dated 03.01.2025 (Annexure P-2).

2.

Vide order dated 10.01.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 07.02.2025 to get their statements recorded regarding the compromise arrived at, between them.

PUNEET SACHDEVA 2025.03.07 17:52 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-566-2025 -23.

Report has since been received from learned Judicial Magistrate Ist Class, Sirsa, in pursuance of the directions 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 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 he would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

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

6.

In view of the report of the learned Judicial Magistrate Ist Class, Sirsa, and the principles laid down by Hon'ble 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. March 7th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.03.07 17:52 I attest to the accuracy and integrity of this document Chandigarh