Parveen Kumar And ANR v. State Of Haryana And Others
CRM-M-36373-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-36373-2024 (O&M)
Reserved on: 04.09.2024
Date of Pronouncement: 16.09.2024
Parveen Kumar & another ... Petitioner(s)
Versus
State of Haryana & Haryana
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Arun Kumar Gupta, Advocate for the petitioner(s).
Mr. Aashish Bishnoi, DAG, Haryana.
Mr. Hardeep Singh Dhillon, Advocate for respondent no.2.
*** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 28.05.2024 Sector 7, Panchkula, District Panchkula 323, 324, 34, 506 IPC (Section 326 IPC added later on).
The petitioner(s), arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person(s). 2.
During the pendency of the criminal proceedings, the accused and the aggrieved person(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-2.
3.
After that, the petitioner(s) came up before this Court to quash the FIR, impleading the aggrieved persons as respondent no.2 and 3. 4.
This Court vide order dated 31.07.2024, directed the parties to appear before the concerned Trial Court/Illaqa Magistrate/Duty Magistrate for getting their statements recorded with regard to the compromise.
5.
As per the report dated 17.08.2024 of the Chief Judicial Magistrate, Panchkula, neither the accused nor the aggrieved person(s), respondent nos. 2 and 3, came ASHWANI KUMAR 2024.09.16 16:02 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh
CRM-M-36373-2024 present before the Court to record their statements and as such, the veracity of compromise could not be ascertained.
6.
Given above, the matter cannot be compromised. However, it shall be open for the accused to apply to this court seeking another opportunity to make complainant/victim(s) appear before the concerned court to record their no-objection statement(s).
Petition dismissed in the terms mentioned above. Liberty is reserved to file a fresh petition. All pending applications, if any stand closed. (ANOOP CHITKARA) JUDGE September 2024 AK Whether speaking/reasoned :
Yes Whether reportable :
No ASHWANI KUMAR 2024.09.16 16:02 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh