Sajad Raja Singh Alias Raju And ANR. v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:008543 Date of decision: January 23rd, 2024 Sajad Raja Singh and another .....Petitioners

Versus

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

Present:

Mr. Pawan Attri, Advocate for the petitioners.

Ms. Trishanjali Sharma, Deputy Advocate General, Haryana.

Mr. Fateh Saini, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.344 dated 26.06.2020 under Sections 10 24 of Immigration Act and Sections 406, 420 of the Indian Penal Code, 1860 registered at Police Station Pehowa, District Kurukshetra and all the subsequent proceedings arising out of the same, on the basis of compromise dated 06.04.2023 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 16.05.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 02.06.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Sub Divisional Judicial Magistrate, Pehowa.

4.

As per the report, the parties have indeed compromised the

-2matter, however, it has been reported that petitioner-Baljeet Singh was involved in some other criminal cases. However, learned counsel submits that while in two of the other cases, which were registered against petitioner-Baljeet Singh, he stands acquitted and in the remaining two cases, the FIR stands quashed on the basis of compromise effected between the parties. In support, learned counsel has placed on record true photocopies of relevant orders/judgments of acquittal and quashing passed in all the four cases, as mentioned in order dated 08.08.2023, which are as follows:- 1.

FIR No.188 dated 18.10.2006 under Sections 406, 420 IPC, P.S. Cheeka, District Kaithal 2.

FIR No.172 dated 16.05.2007 under Sections 406, 420, 506, 34 IPC, P.S. Sadar Pehowa 3.

FIR No.182 dated 12.05.2007 under Sections 406, 420 IPC, P.S. Sadar Pehowa 4.

FIR No.420 dated 27.06.2020 under Sections 406, 420 IPC, P.S. Sadar Karnal 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 petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

7.

In view of the report of the learned Sub Divisional Judicial Magistrate, Pehowa, 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 petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

-38.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. January 23rd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No