Deep Chand And Others v. State Of Haryana And Others

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-29145 of 2019 (O&M) Date of decision: November 07, 2019 Deep Chand and others .. Petitioners

Versus

State of Haryana and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Saurav Arora, Advocate for Mr. Namit Khurana, Advocate for the petitioners.

Mr. Kuldeep Sharma, D.A.G., Haryana.

Mr. Sandeep Singh, Advocate for Mr. Sunny Dhull, Advocate for respondents No. 2 to 7.

****** SURINDER GUPTA, J.(Oral) Reply by way of affidavit of Ashish Chaudhary, Deputy Superintendent of Police, Bilaspur (Yamuna Nagar) filed by learned State counsel today in the Court is taken on record. The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.136 dated 03.10.2015 (Annexure P-1) along with all consequential proceedings arising therefrom, registered for offences punishable under Sections 147, 323, 325, 452 read with Section 149 of Indian Penal Code (for short 'IPC')

-2at Police Station Sadhaura, District Yamuna Nagar on the basis of the compromise (Annexure P-2).

As per case of the prosecution, the occurrence took place on 14.09.2015, when in the scuffle between the complainant and accused party, injury was caused to son, husband and complainant herself. 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-2.

Learned counsel for the complainant and private respondents endorses the submission of learned counsel for the petitioners and has no objection if the impugned FIR (Annexure P-1) is quashed. 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 06.09.2019 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any pressure or influence.

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. 136 dated 03.10.2015 registered at Police Station

-3Sadhaura, District Yamuna Nagar (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed. November 07, 2019 (SURINDER GUPTA) Jyoti-II JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No