Lalit Kumar And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:021431 1.

CRM-M-34103-2023 Date of decision: February 15th, 2024 Lalit Kumar and others .....Petitioners

Versus

State of Haryana and others .....Respondents 2.

CRM-M-34235-2023 Sanjeev Kumar @ Sanjeev Goswami @ Bobby and others .....Petitioners

Versus

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

Present:

Mr. Parminder Singh, Advocate for the petitioners (in CRM-M-34103-2023) for respondent Nos.2 to 5 (in CRM-M-34235-2023). Mr. Sukhdeep Singh, Advocate for the petitioners (in CRM-M-34235-2023) for respondent No.2 and 3 (in CRM-M-34103-2023). Mr. Sanjeev Kumar, Additional Advocate General, Haryana.

MANJARI NEHRU KAUL, J. (ORAL) This order shall dispose of both the above-mentioned petitions as the same pertain to the same occurrence. 2.

Prayer in CRM-M-34103-2023 is for quashing of FIR No.228 dated 03.09.2022 under Sections 148, 149, 323, 506, 326 of the IPC and in CRM-M-34235-2023 is for quashing of FIR No.252 dated 20.09.2022 under Sections 148, 149, 323, 324, 325, 506 of the

CRM-M-34103 & 34235-2023 -2IPC registered at Police Station Ambala Sadar, District Ambala along with all consequential proceedings arising therefrom on the basis of compromise dated 24.05.2023 (Annexure P-2).

3.

Vide order dated 05.10.2023 passed in CRM-M-342352023 and vide order dated 14.12.2023 passed in CRM-M-34103-2023 by this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

4.

Separate reports have since been received from learned Judicial Magistrate Ist Class, Ambala, in pursuance of the directions 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 private respondents have also made statement to the effect that they would have no objection if the FIRs qua the accused-petitioners is quashed. 5.

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

6.

Learned State counsel too submits that there are no other accused other than the petitioners and private respondents are the only aggrieved persons in the FIRs in question.

7.

In view of the report of the learned Judicial Magistrate Ist Class, Ambala, and the principles laid down by 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, these

CRM-M-34103 & 34235-2023 -3petitions are allowed. The aforesaid FIRs and all consequential proceedings arising out of it, are quashed qua the petitioners. 8.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. February 15th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No