Anil Kumar And Others v. State Of Haryana And Another

2024:PHHC:036922

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-1844-2024 Date of decision: 14.03.2024 Anil Kumar and others .....Petitioners

Versus

State of Haryana and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Navneet Singh, Advocate for the petitioners.

Mr. Trishanjali Sharma, DAG, Haryana for respondent No.1-State.

Ms. Anshul Agnihotri, Advocate for respondent No.2.

**** MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petition is for quashing of FIR No.22, dated 15.02.2019, lodged under Sections 148, 149, 323, 506 of the Indian Penal Code, 1860 registered at Police Station Ismailabad, District Kurukshetra and all consequential proceedings arising out of the same, on the basis of compromise affidavit (Annexure P-3) arrived at, between the parties.

2.

Vide order dated 15.01.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15.02.2024 to get their statements recorded regarding the compromise arrived at, between them. 3.

Report has since been received from learned Judicial Magistrate Ist Class, Pehowa, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between Aman Dua 2024.03.15 11:15 I attest to the accuracy and authenticity of this judicial document

CRM-M-1844-2024 -2the 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 copies of statements of the parties, alongwith its report.

In view of the report of the Judicial Magistrate Ist Class, Pehowa 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 qua petitioners.

6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 14.03.2024 (MANJARI NEHRU KAUL) Aman Dua JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Aman Dua 2024.03.15 11:15 I attest to the accuracy and authenticity of this judicial document