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High Court of Punjab and HaryanaCRM-M/1350/2024allowed

Surender @ Surender Singh Sandhu And Others v. State Of Haryana And Another

2024-03-06Mr. Justice Sanjiv Berry2 pages

CRM-M-1350-2024 -12024:PHHC:032131

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-1350-2024 Date of decision: 06.03.2024 Surender @ Surender Singh Sandhu and others ....Petitioners

Versus

State of Haryana and another ....Respondents CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present: - Mr. Tushar Wadhwa, Advocate for Mr. Sanjiv Gupta, Advocate the petitioners.

Mr. Aashish Bishnoi, DAG, Haryana Mr. Wazir Singh, Advocate for respondent No.2-complainant.

SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 18.12.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 22.06.2018 34, 427, 447, 506, 511 of IPC Gharaunda, District Karnal.

2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed/affidavit dated 18.12.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the KAVITA NAIN 2024.03.09 10:20 I attest to the accuracy and integrity of this document order/judgment compromise arrived at between the parties. As per report of learned

CRM-M-1350-2024 2024:PHHC:032131 Trial Court, cost of Rs.10,000/- has been deposited in compliance of the order dated 20.02.2024.

3.

Judicial Magistrate First Class, Karnal, vide report dated 05.03.2024, has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. 4.

Respondent No. 2 is represented by his counsel and does not oppose the compromise.

5.

In view of the report of the Judicial Magistrate First Class, Karnal, and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons.

6.

In the circumstances, the present petition is allowed. FIR No. 0403 dated 22.06.2018, under Sections 34, 427, 447, 506, 511 of IPC, registered at Police Station Gharaunda, District Karnal (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 06.03.2024 k.nain i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No KAVITA NAIN 2024.03.09 10:20 I attest to the accuracy and integrity of this document order/judgment