Atul Mehra And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-31314-2024 Date of decision: 24.01.2025 Atul Mehra and others ....Petitioners V/s State of Haryana and others ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr.Satbir Rathore, Advocate for Mr.Chander Kant Rana, Advocate, for the petitioners. Mr.Karan Sharma, DAG, Haryana.

Mr.Sushil Bhardwaj and Mr.Devanshu Sharma, Advocates for respondents No.2 to 4.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petition is for quashing of FIR No.994 dated 27.12.2021 under Sections 323, 506 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Karnal City, District Karnal, and all consequential proceedings arising out of the same, on the basis of compromise dated 02.02.2024 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 04.07.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 09.08.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Chief Judicial Magistrate, Karnal, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified POONAM RATHORE 2025.01.29 15:41 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-31314-2024 -2and 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 she would have no objection if the FIR qua the accusedpetitioners is quashed. 4.

The Trial Court has annexed the copies of statements of the parties, alongwith its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondents No.2 to 4 are the only aggrieved persons in the FIR in question.

6.

In view of the report of the learned Chief Judicial Magistrate, Karnal and the principles laid down by Hon'ble 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 qua petitioners.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) January 24, 2025 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2025.01.29 15:41 I attest to the accuracy and authenticity of this document High Court Chandigarh