Harjeet And Others v. State Of Haryana And Another

291 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34843-2023 Date of Decision: October 09, 2023 Harjeet and others

...Petitioners

Versus

State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Anil Kumar Rana, Advocate for the petitioners. Mr. Vipul Sherwal, AAG, Haryana.

Mr. Vikas Kumar Rana, Advocate for the complainant. DEEPAK GUPTA , J.(Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.136 dated 19.05.2023, under Sections 323, 379-B, 506, 120-B and 34 of IPC (Section 307 IPC added later on), registered at Police Station BPTP, District Faridabad and all subsequent proceedings arising therefrom on the basis of compromise dated 15.07.2023 (Annexure P-2).

This Court vide order dated 20.07.2023 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before learned Link Court/Chief Judicial Magistrate, Faridabad and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 22.08.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

SARITA RANI 2023.10.09 18:07 I attest to the accuracy and integrity of this document/order

CRM-M-34843-2023 - 2 - Statement of respondent No.2-complainant, namely, Rajneesh was recorded on 21.08.2023 with regard to compromise before learned Magistrate.

Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.136 dated 19.05.2023, under Sections 323, 379-B, 506, 120-B and 34 of IPC (Section 307 IPC added later on), registered at Police Station BPTP, District Faridabad and all subsequent proceedings arising therefrom on the basis of compromise dated 15.07.2023 (Annexure P-2) qua the petitioners, are hereby quashed. October 09, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.10.09 18:07 I attest to the accuracy and integrity of this document/order