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High Court of Punjab and HaryanaCRM-M/27588/2016allowed

Harish Kumar v. State Of Haryana & ANR

2017-10-23Mrs Justice Daya Chaudhary2 pages

CRM-M-27588-2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-27588-2016 Date of decision: 23.10.2017 Harish Kumar @ Hunny ..... Petitioner

Versus

State of Haryana and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Ankit Aggarwal, Advocate for the petitioner. Mr. Surender Singh, AAG, Haryana.

Mr. Arun Sharma, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 0568 dated 03.08.2015 (Annexure P-1) registered under Sections 323, 324 and 506 IPC (Section 326 IPC added lateron) at Police Station Karnal Civil Lines, Karnal and all subsequent proceedings arising therefrom, on the basis of compromise dated 06.08.2016 (Annexure P-2) effected between the parties.

2.

Vide order dated 04.08.2017, parties were directed to appear before the trial Court, to get their statements recorded for compromise with a direction to the trial Court to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Karnal and got recorded their statements qua compromise. Report from the Judicial Magistrate Ist Class, Karnal, vide letter No. 477 dated 17.08.2017, duly forwarded by learned District and Sessions Judge, Karnal, Rishu Kataria 2017.10.25 12:05 I attest to the accuracy and authenticity of this document

CRM-M-27588-2016 -2vide letter No. 12403 dated 17.08.2017, has been received. According to the report of the learned Judicial Magistrate Ist Class, Karnal, the compromise between the parties is genuine one, because both the parties have assembled in the Court and have made statements voluntarily. 4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, the petition is accepted and the aforesaid FIR No. 0568 dated 03.08.2015 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioner, is quashed.

October 23, 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2017.10.25 12:05 I attest to the accuracy and authenticity of this document