Vijay Singh And Another v. State Of Haryana And ORS

CRM-M-35324-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35324-2022 (O&M)

Reserved on: 16.01.2023

Pronounced on: 14.02.2023 Vijay Singh & another ... Petitioner(s)

Versus

State of Haryana & others

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Rakesh Nehra, Sr. Advocate with Mr. Anil K. Sokal, Advocate for the petitioner(s).

Mr. Brijesh Sharma, AAG, Haryana.

Mr. Ankit Kamboj, Advocate for Mr. Harsh Bhargav, Advocate for respondent nos.2 to 8.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 4.10.2018 City, Fatehabad, 406, 420, 120-B, 34 IPC & Sections 3, 4, 5 and 6 District of the Prize Chits and Money Circulation Fatehabad Schemes (Banning) Act, 1978.

The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved persons. 2.

During the pendency of the petition, the accused and the aggrieved persons have compromised the matter, and its copy is annexed with this petition as Annexure P-12. 3.

After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved persons as respondents no.2 to 9. ASHWANI KUMAR 2023.02.15 16:17 I attest to the accuracy and authenticity of this order/judgment

CRM-M-35324-2022 4.

On 3.10.2022, the aggrieved persons namely Ramesh Kumar, Subhash, Ishwar Singh, Ramesh Baloda, Mahabir Singh, Kulbir Singh, Ranbir Singh and Vikash (respondent nos.2 to 9) appeared before CJM, Fatehabad and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 4.10.2022, the parties consented to the quashing of FIR and consequent proceedings without any threat or coercion. ANALYSIS & REASONING:

5.

However, a close scrutiny of the file reveals that the petitioners have not arraigned all the complainants as a respondents in this case. 6.

Since all the complainants did not state about their no objection to the compromise and also the reasons which led to the compromise, as such this court cannot proceed further in this matter.

7.

Given above, the petition is dismissed. However, liberty is reserved to the petitioners to file a fresh petition and there would be no necessity re-examine the complainant/aggrieved person and the accused, whose statements stand recorded. The copies of the statements along with report would suffice. Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE February 14, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2023.02.15 16:17 I attest to the accuracy and authenticity of this order/judgment