Malkit Singh v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.236 Case No. : Crl. Misc. No.M-43682 of 2021 Date of Decision : January 10, 2022 Malkit Singh and another .... Petitioner vs.

State of Haryana and another ....

Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. (Through Video Conferencing) Present :

Mr. G. S. Sandhu, Advocate for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

Mr. Dinesh Maurya, Advocate for respondent no.2.

* * * MANJARI NEHRU KAUL , J.

(Oral) :

The instant petition is for quashing of FIR No.673 dated 08.08.2016, lodged under Sections 323, 34, 406, 498-A, 506 IPC, registered at Police Station Sadar Karnal, District Karnal and the consequential proceedings arising out of the same, on the basis of compromise arrived at between the parties.

Vide order dated 14.10.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 30.11.2021 or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding the compromise arrived at between them.

Report has since been received from learned ACJM, Karnal, in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. 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 and the complainant has also made statement to the effect that she would have no objection if the FIR qua the accused-petitioners is quashed. The trial Court has annexed the photocopies of statements of the parties, along with its report.

MONIKA 2022.01.10 18:52 I attest to the accuracy and integrity of this document

Crl. Misc. No.M-43682 of 2021 : 2 :

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned ACJM, Karnal and the principles laid down by the Apex Court in Gian Singh vs. State of Punjab and others (2012) 10 SCC 303, and also by a Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. January 10, 2022 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No MONIKA 2022.01.10 18:52 I attest to the accuracy and integrity of this document