Pawan Kumar And Another v. State Of Haryana And Another

2023:PHHC:083265

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.246+251 Date of Decision : July 03, 2023 Kulwant @ Kanta

...Petitioner

Versus

State of Haryana and another

...Respondents

Pawan Kumar and another

...Petitioners

Versus

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Sumit S. Bairagi, Advocate, for the petitioner (in CRM-M-41951-2021).

Mr. Nirmal Singh, Advocate, for the petitioner (in CRM-M-23146-2023).

Mr. Karan Sharma, DAG, Haryana.

Mr. Rahul Rana, Advocate for Mr. Naveen Kashyap, Advocate, for respondent No.2 (in CRM-M-41951-2021).

Mr. Rajesh Duhan, Advocate for Mr. Mazlish Khan, Advocate, for respondent No.2 (in CRM-M-23146-2023).

***** MANJARI NEHRU KAUL, J. (ORAL) Reply by way of affidavit of Sh. Rajat Gulia, HPS, DSP, Pehowa has been filed in Court (in CRM-M-41951-2021). The same is taken on record.

The petitioners seek for quashing of FIR No.237, dated 21.10.2020 (Annexure P-1) under Sections 379-A, 341, 201, 120-B and 34

--2-- 2023:PHHC:083265 IPC registered at Police Station Ismailabad, District Kurukshetra and the consequential proceedings arising out of the same, on the basis of compromise dated 20.03.2021 (Annexure P-2) arrived at, between the parties.

Vide orders dated 10.04.2023 and 09.05.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 01.05.2023 and 31.05.2023 to get their statements recorded regarding the compromise arrived at, between them. Reports have since been received from learned Additional Sessions Judge, Kurukshetra, in pursuance of the directions of this Court, wherein, the 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 he would have no objection if the FIR qua the accused-petitioners is quashed.

The trial Court has annexed the copy of statements of the parties, alongwith its report.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the reports of the learned Additional Sessions Judge, Kurukshetra, 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 petitions are

--3-- 2023:PHHC:083265 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. A copy of this order be placed on the file of another connected case.

July 03, 2023 (MANJARI NEHRU KAUL) Ankur JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No