Gurnam Singh And ORS v. State Of Haryana And ORS
DETAILS OF CRIMINAL CASE:- FIR No.
Date Section(s) Police Station District 0151 21.07.2021 148, 149, 323, 452, 506 IPC (Section 325 IPC added later on) Radaur Yamuna Nagar 2.
Vide order dated 13.01.2025, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. The Trial Court/Illaqa Magistrate was to submit a report in this regard giving certain details as enumerated in the said order.
3.
In the instant case, there are 8 accused and 3 complainant who are impleaded as respondent party in the present petition. However, as per the query raised by this Court in the order dated 19.03.2025 wherein it has been noticed that there are more than 3 complainant/victims according to the FIR and to clear this position, the State counsel has filed reply and stated that these are only 3 victims in the present case and all 3 are impleaded as respondent-party as per challan. However, the other persons are not victim in the present case as they were not present at the spot during the quarrel, although they have signed on the complaint at the instance of complainantSatbir Singh. For the just decision of the case, the affidavit executed by these complainant/victim who are not party in the present petition, affirming therein, no objection for the quashing of the FIR in the present case. 4.
Report has since been received from learned Judicial Magistrate First Class-cum-Additional Civil Judge (Senior Division) Yamuna Nagar at Jagadhri, in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) 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 private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.
The trial Court has annexed the statements of the parties in original, along with its report. The relevant part of the said report is
reproduced herebelow:
Sr.
No.
Description 1.
Total number of persons found involved as accused in the dispute/FIR 2.
Number of complainant/victim(s) 3.
Whether all the accused and complainant / victims are party to compromise & signed the same Yes (qua the other non-impleaded complainant/victim no objection affidavit P-6 has been submitted by them).
4.
In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereof; OR No His/her statement is still to be recorded, in compliance to the direction of this Court, details of such person -- 5.
Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or pending adjudication No 6.
Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence Yes 7.
Any other aspect relevant to the present case.
Nil 5.
In view of the report of the learned Judicial Magistrate First Class-cum-Additional Civil Judge (Senior Division) Yamuna Nagar at Jagadhri 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.
6.
Keeping in view the totality of the facts and circumstances of the case, including the report received by this Court and also, taking into consideration the aforementioned settled principles of law, this petition is accepted and FIR No.151, dated 21.07.2021, registered under Section 148, 149, 323, 452, 506 IPC (Section 325 IPC added later on), at PoliceStation Radaur,
Distt. Yamuna Nagar, and all the consequential proceedings arising therefrom are hereby quashed qua the petitioners, in view of compromise dated 23.12.2024 (P-2).
7.
Petition stands disposed of.
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