Ajay And ANR v. State Of Haryana & Others

CRM M-8350 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-8350 of 2018 Date of decision : 27.02.2018 Ajay Sharma & anr.

....Petitioners V/s State of Haryana & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. A.K. Bishnoi, Advocate for the petitioners. RAJAN GUPTA J.

Petitioners have filed this petition under section 482 Cr.P.C. seeking quashing of FIR No. 134 dated 23.02.2017 registered under sections 307/34 IPC & 25, 54, 59 of the Arms Act, 1959 at police station Model Town, Rewari and all the subsequent proceedings arising therefrom on the basis of compromise.

Learned counsel for the petitioners submit that a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and others vs. State of Punjab, 2007(3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, impugned FIR deserves to be quashed. I have heard learned counsel for the petitioner and given careful thought to the facts of the case.

Complaint was lodged by one Prince Sharma. He alleged that there was a matrimonial dispute between his sister namely Jyoti and her husband Ajay Kumar (petitioner no. 1 herein). Number of cases were pending between the parties. According to him, his sister was being Ajay Kumar 2018.03.06 15:04 I attest to the accuracy and authenticity of this document

CRM M-8350 of 2018 regularly harassed. On 23.02.2017 at 7:25 A.M. his sister Jyoti alongwith her son Jagrit was going to Canal Velly School. At that time two persons on a motorcycle with their faces covered, came there. One of them fired towards Jyoti. She received a gunshot injury on her left breast. Thereafter, she was admitted to ICU. After registration of case, investigation ensued. Admittedly number of cases are pending between the parties including petition under Protection of Women from domestic Violence Act, 2005. There are serious allegations against the petitioners. Injured Jyoti who received gunshot injury has specifically named the petitioners who fired shot at her with the intention to kill her. In my considered view, no case for quashing of the FIR on the basis of compromise is made out. Petition is, thus, without any merit and is hereby dismissed. February 27, 2018 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2018.03.06 15:04 I attest to the accuracy and authenticity of this document