Romi @ Deepak And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:043535 CRM-M-10862-2021 Date of decision: April 2nd, 2024 Romi @ Deepak and others .....Petitioners

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Vishal Sharma, Advocate for Mr. Vikas Malik, Advocate for the petitioners.

Mr. Rahul Mohan, Senior Deputy Advocate General, Haryana.

Ms. Snighda Sood, Advocate for respondent Nos.2 and 3.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.181 dated 13.06.2018 under Sections 148, 149, 323, 379-A and 506 of the Indian Penal Code, 1860 (charges were framed under Sections 323, 325, 379-B, 188, 506, 34 of the IPC) registered at Police Station Kunjpura, District Karnal.

2.

Vide order dated 30.01.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 01.03.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from the learned trial Court, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected PUNEET SACHDEVA 2024.04.02 17:11 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-10862-2021 -2between the parties and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioner and private respondents are the only aggrieved persons in the FIR in question.

6.

In view of the report of the learned trial Court 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. April 2nd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.04.02 17:11 I attest to the accuracy and integrity of this document Chandigarh