High Court of Punjab and HaryanaCRM-M/33871/2019allowed

Brij Kumar Parsad And Others v. State Of Haryana And Another

2019-11-05Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-33871-2019 (O&M) Date of Decision:-5.11.2019 Brij Kumar Parsad and others ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gourav Verma, Advocate for the petitioners. Mr. Brijesh Sharma, AAG, Haryana.

***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.0197 dated 8.6.2019 registered at Police Station Murthal under Sections 498-A, 323, 354, 506, 406 and 34 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 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 Chief Judicial Magistrate, Sonepat has been received, wherein it has been reported that statements of petitioners/accused Brij Kumar, Kalawati Devi, Manju Kumari, Mahant Parsad, Rahul, Kali Charan and Sanjay Kumar and also of complainant Neelam have been PANKAJ KAKKAR 2019.11.05 17:19 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-33871-2019 (O&M) recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed. The learned Chief Judicial Magistrate, Sonepat 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.0197 dated 8.6.2019 registered at Police Station Murthal under Sections 498-A, 323, 354, 506, 406 and 34 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

5.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.11.05 17:19 I attest to the accuracy and integrity of this document