Mukund Halwasia And Others v. State Of Haryana & Others

CRM-M-44245-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44245-2017 Date of decision:- 05.02.2018 Mukund Halwasia and others .....Petitioners

Versus

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

Present:

Mr. Abhinav Sood, Advocate for the petitioners.

Mr. Vikas Chopra, DAG, Haryana.

Mr. Manpreet Singh, Advocate for respondents No.2 and 3.

**** MAHABIR SINGH SINDHU , J. (ORAL) Present petition is filed praying for quashing FIR No.874 dated 07.09.2017, under Sections 406, 420 and 120-B IPC, registered at Police Station Gurgaon Sadar, District Gurgaon, on the basis of compromise entered into between the parties.

2.

Heard.

3.

Both the parties were directed by this Court vide order dated 21.11.2017 to appear before the learned Illaqa Magistrate/trial Court and get their statements recorded and in pursuance thereof, learned Additional Chief Judicial Magistrate, Gurugram, recorded the statements of both the Naresh Kumar 2018.02.06 17:28 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-44245-2017 -2parties and submitted a report dated 02.01.2018. A perusal of the report reveals that the compromise entered into between the parties is genuine, voluntary and without any coercion or undue influence. Even as on today the parties are not disputing the factum of compromise arrived at between them.

4.

Reply by way of affidavit filed on behalf of respondent No.1State today in the Court and the same is taken on record. 5.

Learned State counsel has opposed the present quashing petition by submitting that the petitioners have not joined the investigation in this case as yet.

6.

Inasmuch as the dispute between the parties has been amicably settled and they have already entered into compromise, 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 therefore are quashed.

7.

Petition is allowed.

( MAHABIR SINGH SINDHU) February 05, 2018 JUDGE naresh.k Whether reportable?

Yes Whether reasoned/speaking?

Yes Naresh Kumar 2018.02.06 17:28 I attest to the accuracy and integrity of this document Chandigarh