Narinder And Another v. State Of Haryana And Another

CRM-M-7187-2024
Sr. No.111+230

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7187-2024 (O&M) Date of decision: 31st August 2024 NARINDER AND ANOTHER ........Petitioners versus STATE OF HARYANA AND ANOTHER .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Babbar Bhan, Advocate for the petitioners.

Mr. Amrik Singh Narwal, D.A.G., Haryana.

Mr. Jagdeep Singh Rana, Advocate for respondent No.2.

HARPREET KAUR JEEWAN, J. (ORAL) CRM-M-7187-2024 (O&M) 1.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.76 dated 19.03.2020, under Sections 323, 34, 354, 452, 506 IPC, 1860, registered at Police Station Badhra, District Charkhi Dadri (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise deed dated 20.12.2023 (Annexure P-2), executed between the parties and affidavit of respondent No.2 (Annexure P-3). 2.

This Court, vide order dated 13.02.2024, had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3.

Pursuant to the aforesaid order, the parties have appeared before the Chief Judicial Magistrate, Charkhi Dadri and got their statements recorded. On the

CRM-M-7187-2024  basis of the statements so recorded, the learned Magistrate has submitted report dated 11.07.2024 with the following observations:- "xxx xxx xxx xxx (i) As per the report of L/HC Sushila, I.O. there are total 2 accused persons in present FIR, namely, Narender son of Kapoor Singh and Surender son of Kapoor Singh.

(ii) As per the copy of petition produced by learned defence counsel, present petition is filed by Narender and Surender. (iii) As per the report of L/HC Sushila, I.O., no accused is declared as proclaimed offender.

(iv) As per the statement of the complainant and accused persons, their compromise is genuine, voluntary and without any coercion and undue influence.

(v) The statement of L/HC Sushila, I.O. was recorded on 09.07.2024. As per her statement, there is only one complainant/victim, namely, Ved Kaur in present FIR.

(vi) Complainant/victim Ved Kaur is impleaded as respondent in present petition.

xxx xxx xxx xxx"

4.

Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. 5.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6.

Following the principles laid down by the Full Bench judgment of this Court in "Kulwinder Singh and others Versus State of Punjab and another 2007"

(3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in "Gian Singh Versus State of Punjab and others" (2012) 10 SCC 303, the present petition is allowed and FIR No.76 dated 19.03.2020, under Sections 323, 34, 354, 452,

CRM-M-7187-2024  506 IPC, 1860, registered at Police Station Badhra,istrict Charkhi Dadri (Annexure P-1) and all subsequent proceedings arising therefrom are ordered to be quashed qua the petitioners.

7.

However, the respondent No.2 and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise deed dated 20.12.2023 (Annexure P-2) are violated. 8.

Pending miscellaneous application(s) shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE 31st August 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No