Aaquil Hussain And ANR. v. State Of Haryana And Others
CRM-M-5127-2023 -12023:PHHC:055792
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-5127-2023 Decided on : 20.04.2023 Aaquil Hussain and another ...... Petitioners
Versus
State of Haryana & others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :
Mr. Saurav Bhatia, Advocate for the petitioners.
Mr. Rahul Mohan, DAG, Haryana.
Mr. Zorawar Singh, Advocate for respondent Nos.2 and 3.
**** Manjari Nehru Kaul, J.
1.
The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.470 dated 21.08.2022 under Sections 365, 406 and 506 IPC registered at Police Station City Sohana, District Gurugram and all the subsequent proceedings arising out of the same, on the basis of compromise dated 11.01.2023 (Annexure P-2) arrived at, between the parties. 2.
Learned counsel for the petitioners submits that it is a case of no injury and subsequent to the registration of the FIR in question, parties with the intervention of respectables and well-wishers had ironed out all their differences and arrived an amicable settlement.
3.
Vide order dated 21.02.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 20.03.2023 to get SONIA BURA 2023.04.20 18:17 I attest to the accuracy and integrity of this document
CRM-M-5127-2023 -22023:PHHC:055792 their statements recorded regarding the compromise arrived at, between them. 4.
Report dated 31.03.2023 has since been received from the learned SDJM, Sohna, Gurugram 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. 5.
Learned State counsel also submits that there are no other accused other than the petitioners and respondents No.2 and 3 are the only aggrieved persons in the FIR in question.
6.
In view of the report of the learned SDJM, Sohna, Gurugram 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 the petitioners. 7.
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 20.04.2023 sonia Whether speaking/reasoned:
Yes/No Whether reportable :
Yes/No SONIA BURA 2023.04.20 18:17 I attest to the accuracy and integrity of this document