Vishant Chaudhary v. State Of Haryana And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-33891-2019 (O&M) Date of Decision:-3.12.2019 Vishant Chaudhary ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. S.P. Garg, Advocate for the petitioner.

Mr. Brijesh Sharma, AAG, Haryana.

***** GURVINDER SINGH GILL, J .(Oral) The petitioner have approached this Court seeking quashing of FIR No.0031 dated 24.2.2019 registered at Police Station Women Police Station Sector 5 Panchkula, District Panchkula under Sections 341, 354-D and 506 of Indian Penal Code, 1860 and Section 25 of Arms Act and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Mr. Yash Paul Khullar, Advocate has today put in appearance on behalf of respondent No.2 and has filed power of attorney, which is taken on record.

Reply by way of affidavit of Noopur Bishnoi, HPS, Assistant Commissioner of Police, Panchkula has been filed by learned State counsel today in Court, which is taken on record.

PANKAJ KAKKAR 2019.12.03 17:22 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-33891-2019 (O&M) Vide order dated 21.8.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Judicial Magistrate 1st Class, Panchkula has been received, wherein it has been reported that statements of petitioner/accused Vishant Chaudhary and also of complainant Achla Sethi have been recorded to the effect that they have compromised the matter amongst themselves.

The complainant in her statement has stated that she has no objection in case the FIR in question is quashed. The learned Judicial Magistrate 1st Class, Panchkula has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.0031 dated 24.2.2019 registered at Police Station Women Police Station Sector 5 Panchkula, District Panchkula under Sections 341, 354-D and 506 of Indian Penal Code, 1860 and Section 25 of Arms Act and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

3.12.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.12.03 17:22 I attest to the accuracy and integrity of this document