Sanjay & ORS v. State Of Haryana And ANR

CRM-M-4377-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-4377-2017 Date of decision:- 21.02.2018 Sanjay and others .....Petitioners

Versus

State of Haryana and another .....Respondents CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present:

Ms. Arshdeep Bhullar, Advocate for Mr. S.P.S. Bhullar, Advocate for the petitioners.

Mr. Vikas Chopra, DAG, Haryana.

Mr. Inderpreet Singh, Advocate for Mr. H.S.Sidhu, Advocate for respondent No.2.

**** MAHABIR SINGH SINDHU , J. (ORAL) Present petition is filed praying for quashing FIR No.343 dated 20.07.2013, under Sections 420, 467, 468, 471 and 120-B, registered at Police Station Model Town, Rewari, on the basis of compromise entered into between the parties.

2.

Heard.

3.

Both the parties were directed by this Court vide order dated 13.02.2017 to appear before the learned Illaqa Magistrate and get their statements recorded and in pursuance thereof, learned Additional Chief Naresh Kumar 2018.02.23 10:48 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-4377-2017 -2Judicial Magistrate, Rewari, recorded the statements of both the parties and submitted a report dated 16.03.2017. A perusal of the report reveals that the compromise entered into between the parties is without any fear or pressure. Even as on today the parties are not disputing the factum of compromise arrived at between them.

4.

No objection has been raised by the learned State counsel on a specific query put to him by the Court with regard to quashing of the FIR as well as all other consequential proceedings on the basis of the compromise effected between the parties in this case. 5.

Inasmuch as the dispute between the parties has been amicably settled and they have already entered into compromise, and the fact that no objection has been raised by the State, continuance of the prosecution would be an exercise in futility. Further, the dispute is personal in nature and no public funds are involved in this case. Therefore, the aforesaid FIR and all consequent proceedings resulting therefrom, qua petitioners only, are quashed. 6.

Petition is allowed.

( MAHABIR SINGH SINDHU) February 21, 2018 JUDGE naresh.k Whether reportable?

Yes Whether reasoned/speaking?

Yes Naresh Kumar 2018.02.23 10:48 I attest to the accuracy and integrity of this document Chandigarh