Rajinder Sharma v. State Of Haryana And Another

2024:PHHC:055869 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-12656-2024 (O&M) Date of Decision:-24.4.2024 Rajinder Sharma ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ravi Malik, Advocate for the petitioner.

Mr. Rajinder Singh, DAG, Haryana.

Mr. Mohan Singh Rana, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks quashing of FIR No.584, dated 25.9.2023 registered at Police Station Gharaunda, District Karnal, Haryana, under Sections 323, 34 and 506 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 12.3.2024, 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, Karnal has been received, wherein it has been reported that statements of petitioner/accused Rajinder Pankaj Kakkar 2024.04.25 17:26 I attest to the accuracy and authenticity of this document

CRM-M-12656-2024 (O&M) ( 2 ) 2024:PHHC:055869 Sharma and also of respondent No.2 namely Amnish have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent No.2 namely Amnish in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Karnal has specifically opined that the parties have entered into compromise voluntarily and without any 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.584, dated 25.9.2023 registered at Police Station Gharaunda, District Karnal, Haryana, under Sections 323, 34 and 506 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

24.4.2024 ( Gurvinder Singh Gill ) geeta/p Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.04.25 17:26 I attest to the accuracy and authenticity of this document