Vijay Dangi v. State Of Haryana And Anothe

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-23226-2024 Date of decision: August 8th, 2024 Ms. Vijay Dangi .....Petitioner

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Pardeep Solath, Advocate for the petitioners.

Mr. Yuvraj Shandilya, Assistant Advocate General, Haryana.

Mr. Satbir Singh, Advocate for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.205 dated 16.07.2018 under Sections 452 and 506 of the Indian Penal Code, 1860, registered at Police Station PGIMS, Rohtak, along with all consequential proceedings arising therefrom on the basis of compromise dated 05.05.2024 (Annexure P-2).

2.

Mr. Satbir Singh, Advocate, has filed his power of attorney on behalf of the complainant, which is taken on record. 3.

Vide order dated 09.05.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 31.05.2024 to get their statements recorded regarding the compromise arrived at, between them.

4.

Report has since been received from learned PUNEET SACHDEVA 2024.08.08 13:20 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-23226-2024 -2trial Court, 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 accusedpetitioner is quashed. 5.

The trial Court has annexed the statements of the parties in original, along with its report.

6.

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

7.

In view of the report of the learned trial Court and the principles laid down by Hon'ble 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 petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

8.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. August 8th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.08.08 13:20 I attest to the accuracy and integrity of this document Chandigarh