Jaspal @ Jaspal Kumar And ORS v. State Of Haryana And Others

CRM-M No. 16399 of 2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 16399 of 2022

Reserved on: 09.05.2022

Pronounced on: 22.07.2022 Jaspal @ Jaspal Kumar and others ......Petitioners Vs.

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Abhinay Goel, Advocate for the petitioners. Mr. Manish Bansal, DAG, Haryana.

Mr. S.K. Liberhan, Advocate for respondents No.2 & 3. *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 11.04.2018 Ambala Sadar, Distt.

148, 149, 323, 325 & 506 IPC Ambala, Haryana The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person. 2.

During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-2 & P-3. 3.

After that, the petitioner came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent. 4.

As per the Report of ACJM Ambala, dated 4-05-2022, there is reference to the statement made by R2- Babu Ram which exhibits that Purni, i.e. wife of R2 had also sustained injuries. Her statement could not be recorded as she has neither been cited in the list of witnesses nor her statement u/s 161 CrPC has been recorded by the I.O. in the present case. Further as per FIR, daughter of the complainant was also an injured. Her statement has also not been recorded.

ANJU RANI 2022.07.22 16:27 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRM-M No. 16399 of 2022 --2-- 5.

Since all the aggrieved persons did not agree to compromise, as such this court cannot proceed further in this matter.

6.

Given above, the petition is dismissed. However, liberty is reserved to the petitioners to file a fresh petition and there would be no necessity to re-examine the aggrieved persons(s) and the accused persons(s), whose statements stand recorded. The copies of the statements alongwith report would suffice.

Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE 22.07.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.07.22 16:27 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH