High Court of Punjab and HaryanaCRM-M/25678/2019allowed

Anil Kumar And Another v. State Of Haryana And Others

2019-08-21Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-25678-2019 (O&M) Date of Decision:-21.8.2019 Anil Kumar and another ... Petitioners

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rajesh Goyal, Advocate for the petitioners. Mr. Tanuj Sharma, AAG, Haryana.

Mr. Rajiv Saini, Advocate for respondents No.2 and 3. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.396 dated 18.4.2019 registered at Police Station Chandnibagh, Panipat under Section 365 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Reply of Sh. Satish Kumar, HPS, Deputy Superintendent of Police, Head Quarter, Panipat has been filed by learned State counsel today in Court, which is taken on record.

Vide order dated 26.7.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Pankaj Kakkar 2019.08.21 18:51 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-25678-2019 (O&M) Report of learned Chief Judicial Magistrate, Panipat has been received, wherein it has been reported that statements of petitioners/accused Anil Kumar, Parmood Kumar and also of complainant Deepak and injured Roshni have been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed.

The learned Chief Judicial Magistrate, Panipat has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.396 dated 18.4.2019 registered at Police Station Chandnibagh, Panipat under Section 365 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

21.8.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2019.08.21 18:51 I attest to the accuracy and integrity of this document