Sparsh Chauhan v. State Of Haryana And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-13545-2024 (O&M) Date of Decision:-6.8.2024 Sparsh Chauhan ... Petitioner

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Randeep Tanwar, Advocate and Mr. Himanshu Bansal, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana.

Ms. Khushboo, Advocate for respondents No.3 and 4. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks quashing of FIR No.0126, dated 27.6.2022 registered at Police Station Skalka, District Panchkula, under Sections 323, 324 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 15.3.2024, 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 Ist Class, Kalka has been received, wherein it has been reported that statement of petitioner/accused Sparsh and Pankaj Kakkar 2024.08.06 15:13 I attest to the accuracy and authenticity of this document

CRM-M-13545-2024 (O&M) ( 2 ) also joint statement of respondents No.3 & 4 namely Akshay Kumar and Atender Kumar have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondents No.3 & 4 namely Akshay Kumar and Atender Kumar in their joint statement have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Judicial Magistrate Ist Class, Kalka 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.0126, dated 27.6.2022 registered at Police Station Skalka, District Panchkula, under Sections 323, 324 and 506 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

6.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.08.06 15:13 I attest to the accuracy and authenticity of this document