Jai Singh And Another v. State Of Haryana And Others

2024:PHHC:048489 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-10779-2024 (O&M) Date of Decision:- 09.04.2024 Jai Singh and another ... Petitioners

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Pradeep Duhan, Advocate, for the petitioners. Mr. Rajinder Singh, DAG, Haryana.

Mr. Deepender Pratap Singh, Advocate, for respondents No.2 and 3.

***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioners-Jai Singh and Devender have approached this Court seeking quashing of FIR No.366 dated 28.04.2023, Police Station Sector 58, District Faridabad, under Sections 323, 324, 34, 506 of IPC (Sections 25/24/59 of Arms Act added later on), and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 29.02.2024, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Faridabad, has been received, wherein it has been reported that the statement of Pankaj Kakkar 2024.04.10 18:52 I attest to the accuracy and authenticity of this document

CRM-M-10779-2024 (O&M) - 2 - 2024:PHHC:048489 petitioners/accused Jai Singh, Devender and complainant/injured Udham Singh and Deepak have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Complainant/injured Udham Singh and Deepak in their statements had stated that they have no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Faridabad, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.366 dated 28.04.2023, Police Station Sector 58, District Faridabad, under Sections 323, 324, 34, 506 of IPC (Sections 25/24/59 of Arms Act added later on) and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

09.04.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.04.10 18:52 I attest to the accuracy and authenticity of this document