Lad Bai And Others v. State Of Haryana And Another

2024:PHHC:046693 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-23267-2023 (O&M) Date of Decision:- 05.04.2024 Lad Bai and others ... Petitioners

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Azad Khan, Advocate, for the petitioners. Mr. Ramender Singh Chauhan, AAG, Haryana.

Mr. Hakmuddin, Advocate for Mr. Nafeesh Ahmed, Advocate, for respondents No.2 and 3. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioners-Lad Bai, Ashok Kumar, Rakesh Kumar, Manisha have approached this Court seeking quashing of FIR No.600 dated 15.11.2018, Police Station Sector 5, District Gurgaon/Gurugram, under Sections 323, 34, 506 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 15.03.2024, 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, Gurugram, has been received, wherein it has been reported that the statement of

CRM-M-23267-2023 (O&M) - 2 - 2024:PHHC:046693 petitioners/accused Lad Bai, Ashok Kumar, Rakesh Kumar, Manisha and complainant/victim Ram Bahadur Rastogi and Durgesh Devi have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant/victim Ram Bahadur Rastogi and Durgesh Devi in their statements had stated that they have no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Gurugram, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or 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.600 dated 15.11.2018, Police Station Sector 5, District Gurgaon/Gurugram, under Sections 323, 34, 506 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

05.04.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No