High Court of Punjab and HaryanaCRM-M/8548/2018allowed

Nilesh & ANR v. State Of Haryana & ANR

2018-07-02Mr. Justice Augustine George Masih2 pages

CRM No.M-8548-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-8548 of 2018 (O&M) Date of decision: July 02, 2018 Nilesh and another .. Petitioners

Versus

State of Haryana and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ivneet Singh Pabla, Advocate for the petitioners.

Mr. Amrik Narwal, D.A.G. Haryana Mr. Raj Karan Singh Verka, Advocate for respondent No.2.

SURINDER GUPTA, J.(Oral) Petitioners have filed this petition under Section 482 Code of Criminal Procedure seeking quashing of FIR No. 97 dated 19.02.2017 registered for offences punishable under Sections 323, 324, 506 read with Section 34 of Indian Penal Code (for short 'IPC') at Police Station Sadar Bahadurgarh, along with all consequential proceedings arising therefrom, on the basis of the compromise dated 02.02.2018 (Annexure P-1). As per case of the prosecution, petitioners in furtherance of their common intention, caused simple injuries with blunt as well as sharp weapons to complainant-injured Ramrati and also criminally intimidated to kill her.

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-1.

Sachin Mehta 2018.07.02 17:09 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM No.M-8548-2018 -2Learned counsel for respondent No.2-complainant endorsed the submission of learned counsel for the petitioners and has no objection if the impugned FIR is quashed.

Learned State counsel has also not disputed compromise (Annexure P-1).

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 13.03.2018, stating therein that the compromise has been effected between the complainant and the accused-petitioners, which appears to be voluntary in nature and without any pressure or coercion from any corner. 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.

For the reasons as discussed above, the instant petition is allowed and FIR No. 97 dated 19.02.2017 registered for offences punishable under Sections 323, 324, 506 read with Section 34 of IPC at Police Station Sadar Bahadurgarh, with all consequential proceedings arising therefrom, qua petitioners, is quashed.

July 02, 2018 (SURINDER GUPTA) Sachin M.

JUDGE Whether speaking/reasoned: Yes/No Sachin Mehta 2018.07.02 17:09 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH Whether Reportable:

Yes/No