Deeraj Nain And Others v. State Of Haryana And Others

CRM-M-2987-2023 -12023:PHHC:039905

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2987-2023 Decided on : 17.03.2023 Deeraj Nain & ors.

...... Petitioners

Versus

State of Haryana & ors.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Sumit Bajaj, Advocate for the petitioners.

Mr. Rahul Mohan, DAG, Haryana.

Ms. Ranjana, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.174 dated 02.03.2018 under Sections 148, 149, 323, 506 IPC and Sections 25, 54 and 59 of Arms Act registered at Police Station Saran, District Faridabad and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 06.03.2020 (Annexure P-2) arrived at, between the parties.

Vide order dated 20.01.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 17.02.2023 to get their statements recorded regarding the compromise arrived at, between them.

SONIA BURA 2023.03.18 12:04 I attest to the accuracy and integrity of this document

CRM-M-2987-2023 -22023:PHHC:039905 Report dated 24.02.2023 has since been received from the learned CJ(JD)-cum-JMIC, Faridabad in pursuance of the direction of this Court. 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. The trial Court has annexed the statements of the parties in original alongwith its report.

Learned State counsel also submits that there are no other accused other than the petitioners and respondents No.2 (since expired) and 3 are the only aggrieved persons in the FIR in question. In view of the report of the learned CJ(JD)-cum-JMIC, Faridabad 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.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 17.03.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.03.18 12:04 I attest to the accuracy and integrity of this document