Harvinder Singh And Others v. State Of Haryana And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-28400-2021 (O&M) Date of Decision:-23.9.2022 Harvinder Singh and others ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioners.

Mr. Rahul Mohan, DAG, Haryana.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.0489, dated 9.12.2020, Police Station Karnal Civil Lines, District Karnal, under Sections 148, 149, 323, 324, 341 and 506 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 16.8.2021, the parties had been directed to appear before the Illaqa Magistrate/Duty Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Karnal has been received, wherein it has been reported that statements of petitioners/accused Harvinder Singh, Malkeet Singh, Harinder Singh, Varinder Singh and also of PANKAJ KAKKAR 2022.09.23 16:51 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-28400-2021 (O&M) respondent No.2 namely Pritpal Singh Randhawa have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent No.2 namely Pritpal Singh Randhawa in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Karnal 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.0489, dated 9.12.2020, Police Station Karnal Civil Lines, District Karnal, under Sections 148, 149, 323, 324, 341 and 506 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

23.9.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.09.23 16:51 I attest to the accuracy and authenticity of this document