Ishwar Tyagi And Others v. State Of Haryana And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-19614-2024 (O&M) Date of Decision:-19.9.2024 Ishwar Tyagi and others ... Petitioners

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Nafeesh Ahmed, Advocate, for the petitioners.

Mr. Neeraj Sheoran, DAG, Haryana.

Mr. Mohd. Aslam, Advocate for respondents No.2 & 3. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.183, dated 12.8.2020 registered at Police Station Chhansa, District Faridabad, Haryana, under Sections 148, 149, 323, 324, 452 & 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 23.4.2024, 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 1st Class, Faridabad has been received, wherein it has been reported that statements of petitioners/accused Ishwar Pankaj Kakkar 2024.09.20 17:13 I attest to the accuracy and authenticity of this document

CRM-M-19614-2024 (O&M) ( 2 ) Tyagi, Dev Tyagi, Anmol Tyagi, Amit and also statement of respondents No.2 & 3 namely Paryas @ Prayas Tyagi and Geeta have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondents No.2 & 3 namely Paryas @ Prayas Tyagi and Geeta in their statements have stated that they have no objection in case the FIR in question is quashed.

5.

Learned Judicial Magistrate 1st Class, Faridabad 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.183, dated 12.8.2020 registered at Police Station Chhansa, District Faridabad, Haryana, under Sections 148, 149, 323, 324, 452 & 506 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

19.9.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.09.20 17:13 I attest to the accuracy and authenticity of this document