Naveen Kumar And Others v. State Of Haryana And Another
CRM-M-585-2023 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-585-2023 Date of Decision: 09.03.2023 Naveen Kumar and others ........................................Petitioners
Versus
State of Haryana and another ..................................... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...
Present:
Mr. Ankur, Advocate for Mr. Sankalp, Advocate for the petitioners.
Mr. Rahul Mohan, DAG, Haryana.
Mr. Ashish Nagar, Advocate for the complainant/respondent No.2.
...
MANJARI NEHRU KAUL, J. (Oral) Instant petition has been filed under Section 482 Cr.P.C. for quashing FIR No.191 dated 05.08.2018 under Sections 147, 148, 149, 323, 341, 427, 452, 506 IPC and Section 3(2) of SC and ST (Prevention of Atrocities Act, 1989) registered at Police Station Narwana Sadar, District Jind along with all consequential proceedings arising therefrom on the basis of settlement dated 29.05.2022 (Annexure P1) arrived at between the parties. Vide order dated 09.01.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 09.02.2023 to get their statements recorded regarding the settlement arrived at, between them.
Report has since been received from learned Addl. District RUPINDER KAUR 2023.03.15 11:09 I attest to the accuracy and integrity of this document
CRM-M-585-2023 [ 2 ] & Sessions Judge, Jind, in pursuance of the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report, the compromise arrived at between the parties is genuine, voluntarily 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.
The trial Court has annexed the statements of the parties in original, alongwith its report.
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.
In view of the report of the learned Addl. District & Sessions Judge, Jind, 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 v. 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, is quashed. Needless to say, the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. ( MANJARI NEHRU KAUL) 09.03.2023 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:
Yes / No RUPINDER KAUR 2023.03.15 11:09 I attest to the accuracy and integrity of this document