Sushil Kumar v. State Of Haryana And ANR

CRM-M-5171 of 2020 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-5171 of 2020 (O&M) Date of Decision: 04.01.2021 Sushil Kumar ......Petitioner

Versus

State of Haryana and Anr.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Saleem Ahmed, Advocate for the petitioner. Ms. Mahima Yashpal, DAG, Haryana.

Mr. Akshay Dahiya, Advocate for Mr. Sunil Kumar, Advocate for respondent No.2. HARINDER SINGH SIDHU, J Petitioner has filed this petition under Section 482 Cr.P.C. for quashing of FIR No.239 dated 07.06.2017 under Sections 313,323,377,498A,506 IPC registered at P.S S.G.M Nagar, District Faridabad, and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise deed dated 13.11.2019. There is application for preponement.

With the consent of learned counsel for the parties, the date of hearing is preponed to be taken up today itself. Upon notice having been issued, learned State counsel as well as learned counsel for respondent No.2 appeared. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. Vide order dated 06.02.2020, the parties were directed to appear before the Illaqa Magistrate/trial Court on 06.03.2020 for getting their statements recorded with regard to the compromise. MANOJ KUMAR 2021.01.04 14:56 I attest to the accuracy and integrity of this document

CRM-M-5171 of 2020 (O&M) #2# A report dated 12.03.2020 of learned JMIC, Faridabad, has been received. As per the report, the parties had appeared before learned JMIC, Faridabad and got recorded their statements regarding compromise. Learned Magistrate has stated that she is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

Keeping in view the above facts, I am of the considered opinion that it is a fit case in which the impugned FIR is liable to be quashed. Therefore, the present petition is allowed. FIR No.239 dated 07.06.2017 under Sections 313,323,377,498-A,506 IPC registered at P.S S.G.M Nagar, District Faridabad, along with all subsequent proceedings arising therefrom, are hereby quashed, qua the petitioner. January 04, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2021.01.04 14:56 I attest to the accuracy and integrity of this document