Ajay Kumar And ANR. v. State Of Haryana And ORS.

CRM-M-7230-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-7230 of 2017 Date of decision: 20.12.2017 Ajay Kumar and another ..... Petitioners

Versus

State of Haryana and others .... Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Pankaj Maini, Advocate for the petitioners.

Mr. Amrik Narwal, DAG, Haryana.

None for respondent no. 3.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.1346 dated 15.12.2016 (Annexure P-1) along with all consequential proceedings arising therefrom, registered for offences punishable under Sections 379 Indian Penal Code (for short 'IPC') at Police Station City Karnal, District Karnal, on the basis of the compromise 24.02.2017 (Annexure P-2).

As per case of the prosecution, complainant-Sumit Kumar had parked his car bearing registration no. HR-05-AF-1105 (Alto 800) in the night in Ashok Nagar Gali No. 6 in front of house of Dharam Pal, which he could not find in the morning. Cash of `22,500/-, I-card and receipt book were also stolen with that car.

Learned counsel for the petitioners submits that the matter has since been settled vide compromise, copy of which has been placed on file as Annexure P-2.

Jitender Kumar 2017.12.21 13:26 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-7230-2017 -2Learned State counsel has also not disputed compromise (Annexure P-2).

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 19.08.2017 stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine, voluntary in nature and without any coercion or undue influence. Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR 1346 dated 15.12.2016 (Annexure P-1), registered at Police Station City Karnal, District Karnal along with all consequential proceedings arising therefrom, qua petitioners, is quashed. December 20, 2017 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jitender Kumar 2017.12.21 13:26 I attest to the accuracy and integrity of this document CHANDIGARH