Charan Singh v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:125046 CRM-M-11381-2023 Date of decision: September 22nd, 2023 Charan Singh .....Petitioner

Versus

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

Present:

Ms. Gracia Jain, Advocate for Mr. Aakash Juneja, Advocate for the petitioners.

Mr. Karan Jindal, Assistant Advocate General, Haryana for respondent No.1-State.

None for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.221 dated 01.08.2021 under Sections 279/337 of the Indian Penal Code, 1860 registered at Police Station Chhapar, District Yamuna Nagar, and the consequential proceedings arising out of the same, on the basis of compromise dated 25.01.2023 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 18.07.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 21.08.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Jagadhri, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between PUNEET SACHDEVA 2023.09.22 17:32 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-11381-2023 -2the parties stands verified and confirmed. 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 and respondents No.2 and 3 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 petitioners and respondent Nos.2 and 3 are the only aggrieved person in the FIR in question. 6.

In view of the report of the learned Judicial Magistrate Ist Class, Jagadhri, 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. September 22nd, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.09.22 17:32 I attest to the accuracy and integrity of this document.

Chandigarh