Kuljeet Singh Alias Gogri And ANR. v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:104578 CRM-M-25616-2023 Date of decision: August 11th, 2023 Kuljeet Singh alias Gogri and another .....Petitioners

Versus

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

Mr. Surinder Garg, Advocate for the petitioners.



      

  Mr. Surjinder Gaur, Advocate for Mr. Lalit Shrama, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.124 dated 23.02.2023 under Sections 323, 324, 326, 34 and 506 of the IPC registered (Section 326 of the IPC added lateron) at Police Station City Mandi Dabwali, District Sirsa along with all consequential proceedings arising therefrom on the basis of compromise dated 22.04.2023 (Annexure P-2).

Vide order dated 19.05.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 05.07.2023 to get their statements recorded regarding the compromise arrived at between them.

Report has since been received from learned Sub Divisional Judicial Magistrate, Dabwali, in pursuance of the PUNEET SACHDEVA 2023.08.12 06:40 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-25616-2023 -2directions 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 accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original along with its report.

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.

In view of the report of the learned Sub Divisional Judicial Magistrate, Dabwali 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.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. August 11th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.08.12 06:40 I attest to the accuracy and integrity of this document.

Chandigarh