Satbir And Others v. State Of Haryana And ANR.

CRM-M-8932-2023 2023:PHHC:067764

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No.251 CRM-M-8932-2023
Date of Decision: 10.05.2023 SATBIR AND OTHERS .... Petitioners

Versus

STATE OF HARYANA AND ANR.
... Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Bhanu Udai, Advocate for the petitioners.

Mr. P. K. Aggarwal, DAG, Haryana.

Mr. Vikas Gulia, Advocate for respondent.

**** DEEPAK GUPTA, J. (ORAL) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.132 dated 12.05.2021 registered under Section 323 IPC and (Section 3(1) (x), 3(1)(r), 3(1)(s), 3(1)(va) added later on) of Schedule Caste and Schedule Tribe (Protection of Atrocitities) Act, 1989 at Police Station Furrukh Nagar, Gurugram (Annexure P-1), and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2).

This Court vide order dated 27.02.2023 had directed the parties to appear before the trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before learned Additional Sessions Judge, Gurugram and got their statements recorded. On the basis of the statements so recorded, learned Additional Sessions Judge, Gurugram MAMTA 2023.05.17 11:18 I attest to the accuracy and integrity of this order/judgment

CRM-M-8932-2023 2023:PHHC:067764 has submitted report dated 04.03.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. 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, this petition is allowed and F.I.R. No.132 dated 12.05.2021 registered under Section 323 IPC and (Section 3(1) (x), 3(1)(r), 3(1)(s), 3(1)(va) added later on) of Schedule Caste and Schedule Tribe (Protection of Atrocitities) Act, 1989 at Police Station Furrukh Nagar, Gurugram (Annexure P-1), and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2), are quashed.

(DEEPAK GUPTA) JUDGE 10.05.2023 M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2023.05.17 11:18 I attest to the accuracy and integrity of this order/judgment