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High Court of Punjab and HaryanaCRM-M/36350/2023allowed

Sween Kumar And ORS. v. State Of Haryana And Others

2023-08-29Mr. Justice Sanjiv Berry2 pages

CRM-M-36350-2023 2023:PHHC:113479

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36350-2023 DATE OF DECISION :- 29.08.2023 Sween Kumar and others

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Mohinder Singh Kathuria, Advocate for the petitioners. Ms. Gaganpreet Kaur, Deputy Advocate General, Haryana. Ms. Divya Singh, Advocate for Mr. Rahul Chauhan, Advocate for respondents No. 2 and 3. *** SANJIV BERRY, J.

This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of FIR No.32 dated 7.3.2012 under Sections 148, 149, 323, 324, 326, 452, 506 IPC registered at Police Station Babain, District Kurukshetra, Haryana (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise deed dated 19.7.2023 (Annexure P-2) executed between the parties. 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 19.7.2023 (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 PARVINDER SINGH 2023.09.01 16:40 I attest to the accuracy and integrity of this document chandigarh

CRM-M-36350-2023 2023:PHHC:113479 between the parties. The Sub Divisional Judicial Magistrate, Shahabad, vide report dated 25.8.2023, has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. 3.

In view of the report of Sub Divisional Judicial Magistrate, Shahabad, 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 complainants respondents No. 2 and 3 have himself compromised the dispute with the petitioners/ accused persons. 4.

In the circumstances, the present petition is allowed and the FIR No.32 dated 7.3.2012 under Sections 148, 149, 323, 324, 326, 452, 506 IPC registered at Police Station Babain, District Kurukshetra, Haryana (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 29.08.2023 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2023.09.01 16:40 I attest to the accuracy and integrity of this document chandigarh