Naveen Kumar v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-12281-2024 Date of decision:


  .....Petitioner Vs.

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

Present:

Ms. Alisha Soni, Advocate for the petitioner.

   

     for respondent No.1-State.

Mr. Gaurav Grovder, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.450 dated 16.12.2021 under Sections 420, 467, 468, 471 of the Indian Penal Code, 1860 registered at Police Station Sector 31, District Faridabad and the consequential proceedings arising out of the same, on the basis of compromise affidavit (Annexure P-2) arrived at, between the parties. Vide order dated 11.03.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 10.04.2024 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Chief Judicial Magistrate, Faridabad, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between ARCHANA ARORA 2024.05.14 09:33 I attest to the accuracy and integrity of this document

the 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 the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original, along with its report.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned Chief Judicial Magistrate, Faridabad 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. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) May 09th , 2024 JUDGE archana Whether speaking/reasoned :

Yes Whether reportable :

No ARCHANA ARORA 2024.05.14 09:33 I attest to the accuracy and integrity of this document