Sunil And ANR v. State Of Haryana And Another

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-25519 of 2019 (O&M) Date of decision: September 26, 2019 Sunil and another .. Petitioners

Versus

State of Haryana and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ram Kumar Saini, Advocate for the petitioners.

Mr. Munish Sharma, AAG Haryana.

Mr. Manish Saini, Advocate for respondent No.2.

SURINDER GUPTA, J.(Oral) Learned counsel for the petitioner submits that an amount of `15,000/- as per previous order dated 30.05.2019 has been deposited and receipt thereof has been placed on file.

The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.213 dated 18.04.2019 (Annexure P/1), registered at Police Station Sadar Hisar, for offences punishable under Sections 323, 341, 506 read with Section 34 of Indian Penal Code (for short 'IPC') (Section 325 IPC added later on), along with all consequential proceedings arising therefrom, on the basis of the compromise dated 25.05.2019 (Annexure P/2). As per case of the prosecution, respondent No.2-complainant had come to attend the marriage of son of sister of his wife. Marriage

-2procession was going towards the venue of marriage. He requested the boys, who were dancing to move fast to reach the venue because of bad weather, at which petitioners along with other persons, who were under the influence of liquor, gave beatings to the complainant-respondent No.2. 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.

Learned counsel for respondent No.2-complainant endorses the submission of learned counsel for the petitioners and has no objection if the impugned FIR (Annexure P/1) is quashed.

Learned 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/Illaqa Magistrate and get their statements recorded. The trial court/Illaqa Magistrate has sent its report dated 06.07.2019, along with statements of the parties, stating therein that the compromise has been effected between the complainant and the accused, which appears to be genuine, without any pressure 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.

-3For the reasons as discussed above, the instant petition is allowed and the impugned FIR No.213 dated 18.04.2019 (Annexure P/1), registered at Police Station Sadar Hisar, for offences punishable under Sections 323, 325, 341, 506 read with Section 34 IPC, along with all consequential proceedings arising therefrom, qua petitioners, is quashed. (SURINDER GUPTA) September 26, 2019 JUDGE Sachin M.

Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No