Shiv Kumar And Another v. State Of Haryana And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-18106-2024 (O&M) Date of Decision:-30.7.2024 Shiv Kumar and another ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioners.

Mr. Neeraj Sheoran, DAG, Haryana.

Mr. Ankit Gautam, Advocate, for respondent No.2.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of judgment of conviction dated 10.09.2018 and order of sentence dated 12.09.2018 passed by Judicial Magistrate Ist Class, Bhiwani, vide which they have been sentenced to undergo rigorous imprisonment for 3 years apart from fine in respect of a case arising out of FIR No.160, dated 5.3.2014 registered at Police Station Bhiwani Sadar, District Bhiwani, under Sections 285, 323, 325, 34, 341, 506 of Indian Penal Code and Sections 25, 59, 25(54) of Arms Act. 2.

The appeal challenging the aforesaid judgment and order of sentence is stated to be pending in the Court of learned Additional Sessions Judge, Bhiwani.

Pankaj Kakkar 2024.07.30 17:37 I attest to the accuracy and authenticity of this document

CRM-M-18106-2024 (O&M) ( 2 ) 3.

Vide order dated 15.4.2024, the parties had been directed to appear before the Appellate Court, where appeal is pending, so as to get their statements recorded qua the factum of compromise.

4.

Report of learned Additional District & Sessions Judge, Bhiwani has been received, as per which parties have amicably resolved their issues and that the compromise effected between the parties is genuine, voluntarily and has been effected without any coercion or any undue influence. 5.

Respondent No.2 namely Charan Singh in his statement has stated that he has no objection in case the petitioners are acquitted and judgment of conviction is quashed.

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 judgment of conviction dated 10.09.2018 and order of sentence dated 12.09.2018 passed by Judicial Magistrate Ist Class, Bhiwani are set aside and the petitioners are acquitted of all the charges framed against them. 30.7.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.07.30 17:37 I attest to the accuracy and authenticity of this document