Naresh v. State Of Haryana & ORS.

Crl. Misc. No. M-14122 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-14122 of 2017 Date of Decision: 14.2.2018 Naresh ......Petitioner

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Aakash Dalal, Advocate for Mr. Rajesh Lamba, Advocate for the petitioner.

Ms. Mahima Yashpal, AAG, Haryana.

None for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J The instant petition is for quashing of FIR No. 28 dated 12.1.2017 registered under Sections 363, 366 IPC and Section 3(i) (xii) of Prevention of Atrocities on Scheduled Castes and Scheduled Tribes Act, 1989, Police Station Sarai Khawaja, District Faridabad (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties. Report from mediation has been received. The parties have amicably settled their dispute.

Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the parties have got recorded their statement to the effect that the matter has been compromised between them voluntarily, out of free will, Gurpreet Singh Bhatia 2018.02.14 16:04 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-14122 of 2017 -2without any pressure and coercion. The trial Court has also sent the statements of the parties.

Learned counsel for the State on instructions from ASI Rakesh submits that petitioner is the only accused and respondents No. 2 and 3 are the only aggrieved person in this FIR.

No useful purpose would be served to keep the FIR pending. In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioner. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE February 14, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.02.14 16:04 I attest to the accuracy and authenticity of this document chandigarh