Parsa @ Paras Ram And ORS. v. State Of Haryana And ANR.

CRM-M No.43461 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.43461 of 2016 Decided on: 13.09.2017 Parsa @ Paras Ram and others ....Petitioners

Versus

State of Haryana and another ....Respondents CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Kamal Sharma, Advocate for the petitioners.

Mr. Naveen Sheoran, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for quashing of the FIR No.461 dated 19.09.2016 registered under Section 398 of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Safidon, District Jind and further proceedings arising therefrom on the basis of compromise (Annexure P2).

Vide order dated 22.03.2017, the parties were directed to appear before the trial Court for recording their statements. In pursuance to the notice of motion order, reply by way of affidavit of Virender Singh, Deputy Superintendent of Police, Safidon on behalf of respondent No.1 has been filed.

As per the reply, after registration of the FIR, challan was presented only against one person namely Neeraj on 18.11.2016 and the present petitioners were involved in the FIR on the disclosure statement of aforesaid Neeraj Kumar @ Neerja. It is submitted by counsel for the State, on instructions from SI Jagbir Singh, that the said Neeraj Kumar Mohd. Yakub 2017.09.14 16:38 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.43461 of 2016 @ Neerja after facing the full length trial has already been acquitted by the trial Court vide order dated 06.02.2017.

The parties have appeared before the trial Court and got recorded their respective statements. The respondent/complainant has deposed that he has compromised the matter with the petitioners - Parsa @ Paras Ram, Surender @ Kaliya and Neeka @ Sandeep Kumar. Similar statement was recorded by the petitioners/accused. The complainant as well as accused persons/petitioners were duly identified by their respective counsels represented them before the trial Court. The trial Court has submitted a report that the parties have entered into a valid compromise on their own will, without any coercion and the complainant has no objection, if the FIR is quashed. In view of the fact that the main accused Neeraj Kumar @ Neerja has already been acquitted and the parties have entered into a compromise and have decided to live in peace, the present petition is allowed, FIR No.461 dated 19.09.2016 registered under Section 398 IPC at Police Station Safidon, District Jind and subsequent proceedings arising therefrom are ordered to be quashed.

(ARVIND SINGH SANGWAN) JUDGE 13.09.2017 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.09.14 16:38 I attest to the accuracy and authenticity of this document Chandigarh