Sarjeet Singh And Others v. State Of Haryana And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision: 12.02.2019 Sarjeet Singh and others ..Petitioners
Versus
State of Haryana and another ..Respondents
CORAM:
HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:
None for the petitioners.
ASI Fateh Singh, for respondent No.1-State.
None for respondent No.2.
*** Daya Chaudhary, J. (Oral) Petitioners, namely, Sarjeet Singh, Dinesh, Chhotu alias Suresh Kumar and Likhi Ram, have approached this Court by way of filling the present petition under Section 482 Cr.P.C. for quashing of FIR No.286 dated 12.08.2018 registered under Sections 447, 506 read with Section 34 IPC and Section 3(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Hathin, District Palwal and other subsequent proceedings arising thereof on the basis of compromise arrived at between the parties.
While issuing notice of motion on 29.10.2018, parties were directed to appear before the Chief Judicial Magistrate/Illaqa Magistrate for recording of their statements with regard to the compromise and the CJM/Illaqa Magistrate was directed to record the statements of both the parties and to send a report along with statements with regard to validity or
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otherwise of the compromise effected between the parties. In response to the said directions issued by this Court, a report in this regard has been sent by the Sub Divisional Judicial Magistrate, Hathin, which is on record stating therein that the parties appeared before the Court and their statements were recorded. It has also been mentioned in the report that the compromise effected between the parties is without any pressure and is genuine. It has also been mentioned that no PO proceedings as well as any other case is pending against the parties. Complainant-Respondent No.2-Dalip Kumar has specifically stated in his statement that the matter has been compromised without any pressure and the same is as per his free will. He does not want to pursue the litigation against the accused-petitioners and has no objection in quashing of the FIR and other proceedings.
Since compromise has been arrived at between the parties and the same has been affirmed by the complainant as he has specifically stated in his statement that he has no objection in quashing of the FIR and other proceedings, no purpose would be served in case proceedings are continued in future as it would amount to wastage of precious time of the Court. Moreover, the compromise arrived at between the parties is genuine, as per free will and without any pressure from either side. Accordingly, the present petition is allowed and the impugned criminal proceedings arising out of FIR No.286 dated 12.08.2018 registered under Sections 447, 506 read with Section 34 IPC and Section 3(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Hathin, District Palwal as well as all subsequent
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proceedings arising therefrom qua petitioners, namely, Sarjeet Singh, Dinesh, Chhotu alias Suresh Kumar and Likhi Ram, are hereby quashed. 12.02.2019 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable Yes