High Court of Punjab and HaryanaCRM-M/21823/2024allowed

Arun Kumar Garg And Another v. State Of Haryana And Others

2024-09-16Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-21823-2024 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21823-2024 (O&M) Decided on : 16.09.2024 Arun Kumar Garg and another ...... Petitioners

Versus

State of Haryana & others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Ms. Santosh Bhardwaj, Advocate for the petitioners.

Ms. Trishanjli Sharma, DAG, Haryana.

Mr. Vikas, Advocate with Mr. Gourav Jangra, Advocate for respondent Nos.2 and 3.

**** Manjari Nehru Kaul, J.

CRM-33556-2024 Allowed as prayed for and document (Annexure A-1) is taken on record subject to all just exceptions. Main case The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.438 dated 06.12.2023 under Sections 323 and 506 IPC (Section 325 IPC added later on) registered at Police Station Sector 5, District Panchkula and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 24.04.2024 (Annexure P-2) arrived at, between the parties. Vide order dated 02.05.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on SONIA BURA 2024.09.17 15:17 I attest to the accuracy and integrity of this document

CRM-M-21823-2024 -231.05.2024 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 02.07.2024 has since been received from the learned JMIC, Panchkula in pursuance to the direction of this Court. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the statements of the parties in original alongwith its report.

Learned State counsel also submits that there are no other accused other than the petitioners and respondent Nos.2 and 3 are the only aggrieved persons in the FIR in question. In view of the report of the learned JMIC, Panchkula and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 16.09.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2024.09.17 15:17 I attest to the accuracy and integrity of this document