Shishpal And ORS. v. State Of Haryana And ANR.

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-29826-2019 (O&M) Date of Decision:-1.11.2019 Shishpal and others ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Yashveer Kharb, Advocate for the petitioners. Mr. Brijesh Sharma, AAG, Haryana, assisted by ASI Mahabir.

***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.1053 dated 14.8.2016 registered at Police Station Panipat City, Panipat under Sections 323, 354, 376, 406, 498-A, 506 and 511 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Although initially offence under Section 376 read with Section 511 IPC was also there in the FIR but was subsequently deleted. Mr. Munish Garg, Advocate has put in appearance on behalf of complainant/respondent No.2 and has filed power of attorney, which is taken on record.

Vide order dated 16.7.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Pankaj Kakkar 2019.11.01 16:11 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-29826-2019 (O&M) Report of learned Judicial Magistrate 1st Class, Panipat has been received, wherein it has been reported that statements of petitioners/accused Shishpal, Satbir, Reshma Devi and Balvinder @ Binder and also of complainant/respondent No.2 Reena have been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed.

The learned learned Judicial Magistrate 1st Class, Panipat has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.1053 dated 14.8.2016 registered at Police Station Panipat City, Panipat under Sections 323, 354, 376, 406, 498-A, 506 and 511 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 1.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2019.11.01 16:11 I attest to the accuracy and integrity of this document