Sukhwinder Alias Bittu v. State Of Haryana And Another

228 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (through video conferencing) CRM-M-43160-2021 Decided on : 14.02.2022 Sukhwinder @ Bittu ...... Petitioner

Versus

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

Mr. Baldev Singh, Advocate for the petitioner.

Mr. Karan Sharma, DAG, Haryana.

Ms. Arshdeep Kaur, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.(Oral) Prayer in the instant petition filed under Section 482 Cr.PC is for quashing of FIR No.377 dated 13.07.2016 under Sections 354(a)(i), 341, 506 and 34 IPC registered at Police Station Thanesar Sadar, District Kurukshetra and all the consequential proceedings arising out of the same, on the basis of compromise arrived at, between the parties.

Learned counsel for the petitioner submits that FIR in question emanates from trivial misunderstanding between the parties. He further submits that subsequent to the registration of the FIR in question, the parties have ironed out all their differences and arrived at an amicable settlement. Vide order dated 12.10.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their respective statements recorded regarding the compromise arrived at, between them.

SONIA BURA 2022.02.14 16:04 I attest to the accuracy and authenticity of this document chandigarh

CRM-M-43160-2021 - 2 - Report dated 15.11.2021 has since been received from the JMIC, Kurukshetra in pursuance to the direction of this Court. 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. The trial Court has annexed the photocopies of the statements of the parties alongwith its report.

Learned State counsel assisted by counsel for respondent No.2 also submits that there is no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question. In view of the report of the learned JMIC, Kurukshetra and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 and Narinder Singh and others Vs. State of Punjab and another 2014(2) R.C.R. (Criminal) 482, the instant petition(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 14.02.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.02.14 16:04 I attest to the accuracy and authenticity of this document chandigarh