High Court of Punjab and HaryanaCRM-M/53167/2018dismissed

Shiv Kumar v. State Of Haryana And ANR

2019-09-17Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 53167 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 53167 of 2018 Date of Decision: 17.9.2019 Shiv Kumar ......Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Vineet Chaudhary, Advocate for the petitioner.

Mr. Ashok Muthreja, DAG, Haryana.

Mr. Amit Pawar, Advocate for respondents No. 2 and 3.

**** HARNARESH SINGH GILL , J. (ORAL) This petition has been filed for quashing of FIR No. 165 dated 12.11.2015 registered under Sections 279, 337 IPC, Police Station Kaithal Sadar, District Kaithal (Annexure P-1) and all the consequent proceedings arising therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.

Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the compromise is genuine and valid. It is also reported that petitioners has not been declared proclaimed offender. The trial Court has also sent the statements of the parties in original. Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.

GURPREET SINGH 2019.09.20 16:21 I attest to the accuracy and authenticity of this document chandigarh

CRM-M No. 53167 of 2018 -2In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed and FIR No. 165 dated 12.11.2015 registered under Sections 279, 337 IPC, Police Station Kaithal Sadar, District Kaithal (Annexure P-1) and all consequential proceedings arising therefrom, qua the petitioner, are hereby quashed.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (HARNARESH SINGH GILL) JUDGE September 17, 2019 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2019.09.20 16:21 I attest to the accuracy and authenticity of this document chandigarh