Ram Kumar And ORS v. State Of Haryana And ORS

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-6705 of 2017 .....

Date of decision:4.10.2017 Ram Kumar and others .....Petitioners v.

State of Haryana and others .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Vaibhav Narang, Advocate for Mr. Sarvpreet Gurna, Advocate for the petitioners.

Mr. Brijesh Sharma, Assistant Advocate General, Haryana for the respondent-State.

None for the complainant-respondents No.2 to 5. .....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.117 dated 20.8.2012 (Annexure-P.1) registered for the offences under Sections 148, 149, 323, 435 and 506 IPC at Police Station Rajound, District Kaithal and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantShamsher on the allegations that the accused-petitioners attacked him and respondents No.3 to 5 inflicted injuries. Now with the intervention of respectable persons, the matter has been amicably compromised between the

Cr. Misc. No.M-6705 of 2017 [2] parties and they have resolved their disputes and differences. Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Kaithal has sent report dated 29.9.2017 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

Learned Assistant Advocate General, Haryana, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court

Cr. Misc. No.M-6705 of 2017 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.117 dated 20.8.2012 (Annexure-P.1) registered for the offences under Sections 148, 149, 323, 435 and 506 IPC at Police Station Rajound, District Kaithal and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. October 4, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No