Sandeep Kumar And Others v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1130-2023 (O&M) Date of Decision: December 14, 2023 Sandeep Kumar and others

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Lovish Rattan, Advocate, for the petitioners.

Mr. P.S. Pandher, AAG, Punjab.

Mr. Manjot Singh, Advocate for respondent Nos.2 and 3. **** DEEPAK GUPTA , J.(Oral) 1.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.388 dated 09.12.2022, registered under Sections 148, 149, 323, 324 and 506 of IPC, 1860 at Police Station Barara, District Ambala and all subsequent proceedings arising therefrom on the basis of compromise dated 21.12.2022 (Annexure P-2).

2.

This Court vide order dated 18.10.2023 had directed the parties to appear before the Trial Court/Area Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise dated 21.12.2022. 3.

Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate Ist Class, Ambala and got their statements GEETA RANI 2023.12.15 17:38 I attest to the accuracy and authenticity of this order/judgment

CRM-M-1130-2023 (O&M) -2recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 18.11.2023 to the effect that the compromise dated 21.12.2022 has been effected between the parties voluntarily and without any coercion or undue influence.

4.

Statement of Respondent No.2-complainant, namely, Sagar @ Harsh Sagar with regard to compromise dated 21.12.2022 was recorded before learned Magistrate on 14.11.2023.

5.

Learned State counsel as well as learned counsel for respondent Nos.2 and 3 have not disputed the factum of compromise between the parties. 6.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another reported as 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others reported as (2012) 10 SCC 303, this petition is allowed and FIR No.388 dated 09.12.2022, registered under Sections 148, 149, 323, 324 and 506 of IPC, 1860 at Police Station Barara, District Ambala and all subsequent proceedings arising therefrom on the basis of compromise dated 21.12.2022 qua petitioners, are hereby quashed. December 14, 2023 (DEEPAK GUPTA) geeta JUDGE Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No GEETA RANI 2023.12.15 17:38 I attest to the accuracy and authenticity of this order/judgment