Gaganjot Singh @ Gagan Jot Sandhu v. State Of Haryana And Others

CRM-M-29308-2023 (O&M) 2023:PHHC:099450

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-29308-2023 (O&M) Date of decision: 02.08.2023 Gaganjot Singh @ Gagan Jot Sandhu

...Petitioner

VS State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. H.S.Sandhu, Advocate, For the petitioner.

Mr. Karan Garg, AAG, Haryana.

Mr. R.S.Rana, Advocate, For the complainant.

***** ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.425 dated 21.11.2021 (Annexure P-1) registered under Sections 307 and 323 read with Section 34 and 506 of IPC, at Police Station, Pehowa, District Kurukshetra and challan dated 20.07.2022 under Sections 279, 337, 506 of IPC on the basis of compromise dated 15.05.2023 (Annexure P-3), stated to have been arrived between the parties.

2.

Learned State counsel, at the outset, on instructions submits that Section 307 has been deleted in the FIR in question.

3.

Since quashing was sought on the basis of compromise, this Courton 02.06.2023 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for.

4.

Report dated 19.07.2023 of learned Sub Divisional Judicial Magistrate, Pehowa had been received. Report reveals that statements of complainant party i.e. respondent No.2 as also of accused/present petitioner herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondent No.2and accused/petitioner have arrived at a compromise voluntarily and without any coercion.

VANDANA 2023.08.03 15:42 I attest to the accuracy and integrity of this order/judgment

CRM-M-29308-2023 (O&M) 5.

Learned counsel for complainant/respondent No.2 states that he would have no objection to the quashing of FIR in question. 6.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated29.09.2021 of the Supreme Court in case titled "Ramgopal and anr. V. The State of Madhya Pradesh"1 and a Full Bench decision of this Court in "Kulwinder Singh and others V. State of Punjab and others"2 . 7.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

8.

Petition is thus allowed. FIR No. 425 dated 21.11.2021 (Annexure P-1) registered under Sections 307 and 323 read with Section 34 and 506 of IPC, at Police Station, Pehowa, District Kurukshetra and challan dated 20.07.2022 under Sections 279, 337, 506 of IPC and all proceedings emanating there from qua the petitioner stand quashed.

9.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 02.08.2023 vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1Criminal Appeal No.1489 of 2012 2007 (3) RCR (Criminal) 1052 VANDANA 2023.08.03 15:42 I attest to the accuracy and integrity of this order/judgment