Jeewan Kumar And ANR v. State Of Haryana And Another

 





IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13396-2023 Date of Decision:- 17.07.2023 Jeewan Kumar and anr.

....Petitioners Vs.

State of Haryana and anr.

...Respondents

CORAM:- HON'BLE MR. JUSTICE ARUN MONGA Present:- None for the petitioners.

Mr. Karan Garg, AAG, Haryana.

Mr. Rajender Kumar, Advocate for respondent No. 2.

****** ARUN MONGA, J. (Oral) Petitioners seek quashing of FIR No.698 dated 21.11.2016 registered under Sections 406, 420, 467, 468, 471, 506 and 120-B IPC (Annexure P-1) at Police Station Sadar Ratia, District Fatehabad on the basis of compromise deed dated 23.09.2022 (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on dated 16.03.2023 had directed the parties to appear before the Area Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called.

3.

Report dated 18.04.2023 of learned Judicial Magistrate Ist Class, Ratia (Fatehabad) had been received. Report reveals that statements of complainant party i.e. respondent No. 2 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at HARISH KUMAR 2023.07.19 13:10 I attest to the accuracy and authenticity of this order/judgment without any pressure, undue influence or coercion. The report is accompanied by

 



 the statements of parties. It is apparent that the complainant/respondent No. 2 and accused/petitioners have arrived at a compromise voluntarily and without any coercion.

4.

Learned counsel for the complainant/respondent No. 2 state that he would have no objection to the quashing of FIR in question. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of Supreme Court in case titled "Ramgopal and anr. V. The State of Madhya Pradesh"1 and a Full Bench decision of this Court in "Kulwinder Singh and others V. State of Punjab and others"2.

6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr. P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.698 dated 21.11.2016 registered under Sections 406, 420, 467, 468, 471, 506 and 120-B IPC (Annexure P-1) at Police Station Sadar Ratia, District Fatehabad and all proceedings emanating there from qua the petitioners stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. JULY 17, 2023 (ARUN MONGA) Harish Kumar JUDGE Whether speaking/reasoned:

Yes/No.

Whether reportable:

Yes/No HARISH KUMAR 2023.07.19 13:10 I attest to the accuracy and authenticity of this order/judgment

    

 

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