Joga Singh And Others v. State Of Haryana And Another

CRM-M-4535-2022 2023:PHHC:087031

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-4535-2022 (O&M) DATE OF DECISION: 12.07.2023 Joga Singh and others

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Sanjeev Majra, Advocate, For the petitioners.

Mr. Karan Garg, AAG, Haryana.

Mr. R. S. Dhull, Advocate, For respondents No.2 and 3.

ARUN MONGA, J. (ORAL) Petitioners seek quashing of FIR No.53 dated 21.06.2017 (Annexure P-1) registered under Sections 148, 323, 506 read with Section 149IPC, at Police Station Jhansa, District Kurukshetra, on the basis of compromise dated24.11.2021 (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 04.02.2022 had directed the parties to appear before learned trial Court/Illaqua Magistrate for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 15.06.2022 of learned Chief Judicial Magistrate, Kurukshetra, had been received. Report reveals that statements of complainant party i.e. respondents No.2 and 3 as also of accused/present petitioners herein, were duly recorded. It is opined that a SHALINI BHATIA 2023.08.03 17:57 I attest to the accuracy and integrity of this order/ judgment

CRM-M-4535-2022 2023:PHHC:087031 compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondents No.2 and 3 and accused/ petitioners have arrived at a compromise voluntarily and without any coercion.

4.

Learned counsel for complainant/respondents No.2 and 3 state that he would have no objection to the quashing of FIR in question. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.53 dated 21.06.2017 (Annexure P-1) registered under Sections 148, 323, 506 read with Section 149 IPC, at Police Station Jhansa, District Kurukshetra and all proceedings emanating therefrom qua the petitioners stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. JULY 12, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.08.03 17:57 I attest to the accuracy and integrity of this order/ judgment