Sanjay Kumar And ANR v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-32600-2024 Date of decision: October 28th, 2024 Sanjay Kumar and another .....Petitioners

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Kushagra Beniwal, Advocate for the petitioners.

Mr. Praveen Bhadu, Assistant Advocate General, Haryana. Mr. Mohit Saini, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.554 dated 09.11.2021 under Sections 180 and 309 of the IPC (Section 180 of the IPC added later on) registered at Police Station Kurukshetra University, District Kurukshetra, along with all consequential proceedings arising therefrom on the basis of compromise dated 15.06.2024 (Annexure P-2).

2.

Vide order dated 28.08.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 27.09.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Kurukshetra, in pursuance of the PUNEET SACHDEVA 2024.10.28 16:39 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-32600-2024 -2directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Kurukshetra, and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 28th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.10.28 16:39 I attest to the accuracy and integrity of this document Chandigarh