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High Court of Punjab and HaryanaCRM-M/29078/2020allowed

Sombir @ Sonu Pehlawan v. State Of Haryana And ANR

2021-01-15Mr. Justice Sudip Ahluwalia2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.29078 of 2020 Date of Decision : 15.01.2021 Sombir @ Sonu Pehalwan .....Petitioner

Versus

State of Haryana and another .....Respondents CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. Surya Dhanda, Advocate for Mr. Rajat Mor, Advocate for the Petitioner.

Mr. Anmol Malik, Dy. Advocate General, Haryana for Respondent No.1/State.

Mr. S.S. Mor, Advocate for Respondent No.2.

SUDIP AHLUWALIA, J. (ORAL) In this Petition, the Petitioner, who is the accused in F.I.R No.397, dated 29.08.2020, under Sections 323/34/342/365 of the Indian Penal Code, registered at Police Station Sampla, District Rohtak (Annexure P-1), has prayed for quashing of F.I.R. with all subsequent proceedings pending therefrom, on the basis of compromise. 2.

Now the Complainant has arrived at a settlement with the accused vide Compromise Deed (Annexure P-2), which is duly signed by him. 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 Ld. Judicial Magistrate 1st Class, Rohtak, DEEPAK KUMAR 2021.01.15 01:37 I attest to the accuracy and integrity of this document

CRM-M No.29078 of 2020 -2vide report dated 01.12.2020 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. 3.

Respondent No. 2 is represented by his Counsel who does not dispute the factum of compromise.

4.

In view of the report of the Ld. Judicial Magistrate 1st Class, Rohtak, 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 Petitioner/accused. 5.

In the circumstances, the present petition is allowed. F.I.R No.397, dated 29.08.2020, under Sections 323/34/342/365 of the IPC, registered at Police Station Sampla, District Rohtak (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the Petitioner.

January 15, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2021.01.15 01:37 I attest to the accuracy and integrity of this document