Ramesh Chander And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.215 Date of Decision: 17.09.2021 Ramesh Chander and others

...Petitioners

Versus

State of Haryana and others

...Respondents

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Govind Mor, Advocate, for the petitioners.

Mr. Vishal Kashyap, Deputy Advocate General, Haryana for respondents No.1 and 2-State.

Mr. Jasbir Mor, Advocate for respondents No.3 and 4.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of the instant petition, the petitioners have invoked the jurisdiction of this Court under Section 482 Cr.P.C for seeking the quashing of the FIR bearing No.271 dated 26.06.2021 registered at Police Station City Bahadurgarh, District Jhajjar, under Sections 323, 452, 506, 34 IPC as well as all the subsequent proceedings arising therefrom, while averring that the parties have arrived at a compromise qua their dispute culminating in the registration of the said FIR. Bereft of unnecessary details, the allegations, as levelled in the subject FIR, are that on 25.06.2021, a quarrel took place between the petitioners and the complainant-respondent No.3 over the parking of the

-2- ....

vehicle in the street and the petitioners caused injuries to respondents No.3 & 4.

Vide the order dated 16.07.2021 passed by this Court, the private parties had been directed to appear before the trial Court/Illaqa Magistrate on 24.08.2021 for recording their statements in respect of the compromise/settlement. In pursuance of this order, Sub Divisional Judicial Magistrate, Bahadurgarh, recorded their (parties') statements and has submitted his report (which is already on the file) mentioning therein that the compromise arrived at between the parties is genuine and voluntary and has been effected out of their free will and respondent No.3 is the complainant and respondent No.4 is the injured and four accused, i.e. the present petitioners, are involved in the said FIR and they have not been declared proclaimed offenders and no other case is pending against them. The copies of the statements of both the parties have also been annexed with the said report.

I have heard learned counsel for the petitioners as well as learned State counsel and learned counsel for respondents No.3 and 4, in the instant petition and have perused the file thoroughly. The said compromise has been effected to put the dispute between the parties at rest for all the times to come and the same would promote peaceful, harmonious and cordial relations between them. It being so, there are bleak chances of the conviction of the petitioners and in these circumstances, the continuation of the proceedings in the case arising out of the said FIR would be an exercise in futility.

-3- ....

Keeping in view the above-discussed facts and circumstances as well as the observations as made by the Apex Court in Gian Singh vs. State of Punjab and another (2012) 4 RCR (Criminal) 543, the FIR bearing No.271 dated 26.06.2021 registered at Police Station City Bahadurgarh, District Jhajjar, under Sections 323, 452, 506, 34 IPC, as well as the subsequent proceedings arising therefrom (if any) are hereby quashed.

The petition in hand stands allowed accordingly. (MEENAKSHI I. MEHTA) 17.09.2021 JUDGE neetu Whether speaking/reasoned Yes Whether Reportable No