Gurdas And ORS v. State Of Haryana And Others

CRM-M-37101-2024






















IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-37101-2024 Date of decision: 15.10.2024 GURDAS AND ORS

...Petitioner(s)

VERSUS

STATE OF HARYANA AND OTHERS

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Vinod Polist, Advocate for the petitioner(s).

Mr. Rajinder Kumar Banku, DAG, Haryana.

Mr. Rahul Boora, Advocate for Mr. Vivek Dahiya, Advocate for respondents No.2 and 3.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of an FIR No. 0205 dated 10.05.2024 under Sections 120-B, 406 and 420 of IPC registered at Police Station Chandi Mandir, District Panchkula (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 11.07.2024 (Annexure P-2).

Vide order dated 02.09.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 11.07.2024 (Annexure P-2).

MAMTA 2024.10.16 17:00 I attest to the accuracy and integrity of this order/judgment

CRM-M-37101-2024





















Pursuant to aforesaid order, the parties have appeared before the Additional Chief Judicial Magistrate, Panchkula and got their statements recorded. Report dated 27.08.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner(s).

Resultantly, FIR No. 0205 dated 10.05.2024 under Sections 120-B, 406 and 420 of IPC registered at Police Station Chandi Mandir, District Panchkula (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s). (N. S. SHEKHAWAT) 15.10.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.10.16 17:00 I attest to the accuracy and integrity of this order/judgment