Deepak @ Deepu And ORS. v. State Of Haryana And Others

N.C. No.2023:PHHC:118645

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-36383-2023 (O&M) Date of decision: 11.09.2023 DEEPAK @ DEEPU AND ORS.

....Petitioners

Versus

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Rajesh Kumar Sawariya, Advocate for the petitioners. Mr. Vishal Malik, DAG Haryana.

Mr. Parveen Kumar, Advocate for respondent Nos.2 to 4. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 19.07.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 16.05.2022 148, 149, 323 and 506 IPC Karnal City, District Karnal 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 19.07.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Chief Judicial Magistrate, Karnal vide report dated 06.09.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without SANDAL SHARMA 2023.09.12 17:21 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:118645 CRM-M-36383-2023 (O&M) -2any pressure and the petitioners have also deposited the cost of Rs.10,000/- in compliance to the order dated 10.08.2023.

3.

Respondent Nos. 2 to 4 are represented by their counsel and do not oppose the compromise.

4.

In view of the aforesaid report of the Chief Judicial Magistrate, Karnal and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.420 dated 16.05.2022, under Sections 148, 149, 323 and 506 of IPC registered at Police Station Karnal City, District Karnal (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 11.09.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SANDAL SHARMA 2023.09.12 17:21 I attest to the accuracy and authenticity of this order/judgment