Sohan Lal And Another v. State Of Haryana And Another

N.C. No.2023:PHHC:139359

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-28458-2023 (O&M) Date of decision: 31.10.2023 SOHAN LAL AND ANOTHER ....Petitioners

Versus

STATE OF HARYANA AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Rishab Garg, Advocate for the petitioners. Mr. Vishal Malik, DAG Haryana.

Mr. Davinder Singh, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 16.11.2022 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 06.04.2021 186, 332, 353, 506 and 34 IPC DLF Phase-1, District Gurugram 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 16.11.2022 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The learned District and Sessions Judge, Gurugram vide report dated 25.10.2023 has apprised this Court that the compromise arrived at between the parties is genuine SANDAL SHARMA 2023.11.06 10:46 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:139359 CRM-M-28458-2023 (O&M) -2and without any pressure.

3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the learned District and Sessions Judge, Gurugram and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.163 dated 06.04.2021 under Sections 186, 332, 353, 506 and 34 IPC of IPC registered at Police Station DLF Phase-1, District Gurugram (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 31.10.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.11.06 10:46 I attest to the accuracy and authenticity of this order/judgment