Vishwas Sharma Alias Vishwas And ANR v. State Of Haryana And ANR

CRM-M-28294-2024 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-28294-2024 (O&M) Date of Decision:- 08.07.2024 
 
 



 
....Petitioner(s)

Versus

STATE OF HARYANA AND ANR

...Respondent(s)

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

Mr. Vishal Yadav, Advocate for the petitioners. Mr. Ramender Singh Chauhan, AAG, Haryana.

Mr. Dharamvir Sharma, 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 P1) and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 29.08.2023 filed on behalf of respondent No.2 (Annexure P-2). Details of the FIR are as follows: FIR No.

Dated Sections Police Station 05.06.2023 406, 420 and 506 IPC Bhupani, District Faridabad 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement and respondent No.2 has filed an affidavit dated 29.08.2023 (Annexure P-2) in this regard. The matter SANDAL SHARMA 2024.07.09 18:14 I attest to the accuracy and authenticity of this order/judgment

CRM-M-28294-2024 (O&M) -2-





















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 Judicial Magistrate 1st Class, Faridabad vide report dated 03.07.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.10,000/- in compliance to the order dated 31.05.2024.

3.

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

4.

In view of the aforesaid report of the Judicial Magistrate 1st Class, Faridabad 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 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.81 dated 05.06.2023, under Sections 406, 420 and 506 of IPC registered at Police Station Bhupani, District Faridabad (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 08.07.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No SANDAL SHARMA 2024.07.09 18:14 I attest to the accuracy and authenticity of this order/judgment