Karam Vir v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22747-2024 Date of decision: 06.08.2024 KARAM VIR ....Petitioner V/s STATE OF HARYANA AND OTHERS ....Respondents CORAM: HON'BLE MR. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Mukesh Yadav, Advocate, for the petitioner. Mr.Yuvraj Shandilya, AAG, Haryana.

Mr. Ajit Kumar Sharma, Advocate for respondent Nos.2 and 3.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petition is for quashing of FIR No.643 dated 12.11.2023 under Sections 323, 506 of the Indian Penal Code and Sections 25 of Arms Act, registered at Police Station Model Town, Rewari District Rewari, and all consequential proceedings arising out of the same, on the basis of compromise dated 26.12.2023 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 07.05.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 31.05.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Civil Judge, (Jr.Division), Rewari, in pursuance of the directions of this Court, wherein, POONAM RATHORE 2024.08.09 06:18 I attest to the accuracy and integrity of this document

CRM-M-22747-2024 -2the factum of the compromise arrived at between the parties stands verified and confirmed. 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 and the complainant has also made statement to the effect that she would have no objection if the FIR qua the accusedpetitioners is quashed. 4.

The Trial Court has annexed the statements of the parties, in original, alongwith its report.

5.

Learned State counsel too 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.

6.

In view of the report of the learned Sub Divisional Judicial Magistrate, Payal and the principles laid down by Hon'ble 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 qua petitioners. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE August 06, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.08.09 06:18 I attest to the accuracy and integrity of this document