Shailender v. State Of Haryana And Another

CRM-M-33630-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33630-2020 (O&M) Date of order: 15.02.2023 Shailender

...Petitioner(s)

Versus

State of Haryana & another

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

None for the petitioner(s).

Mr. Manish Bansal, DAG, Haryana.

Mr. Gaurav Dhillon, Advocate for respondent no.2.

**** ANOOP CHITKARA, J. (Oral) FIR No.

Dated Police Station Sections 7.11.2017 Kheripul, District Faridabad 406, 420, 447, 448, 506 IPC The petitioner(s), arraigned as accused in the above captioned FIR, has come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the victim(s).

2.

The gist of the allegations against the petitioner(s) is that the complainant (respondent No.2) made a statement before the police and based on such statement, the police registered the FIR captioned above. Needless to mention all the details and it is sufficient to say that the parties have entered into a compromise.

3.

During the pendency of the petition, the accused and the injured have compromised the matter, and its copy is annexed with this petition as Annexure P-2. After that, the petitioner(s) came up before this Court to quash the FIR, and in the quashing petition, the injured have been impleaded as respondent(s).

4.

On the prayer of the parties in the present petition, the Court had permitted the parties to appear before the concerned Court to record their statements. ASHWANI KUMAR 2023.02.17 16:04 I attest to the accuracy and authenticity of this order/judgment

CRM-M-33630-2020 ANALYSIS & REASONING:

5.

As per the report of the concerned Judicial Magistrate, the parties did not appear and as such the veracity of compromise could not be ascertained. 6.

Given above, the matter cannot be compromised. However, it shall be open for the accused to apply to this court seeking another opportunity to make complainant/victim(s) appear before the concerned court to record their no-objection statement(s). Petition dismissed in the terms mentioned above. Liberty is reserved to file a fresh petition. All pending applications, if any stand closed.

(ANOOP CHITKARA) JUDGE February 15, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2023.02.17 16:04 I attest to the accuracy and authenticity of this order/judgment