Gurdeep Singh Pasricha And ORS. v. State Of Haryana And Another
N.C. No.2023:PHHC:139400
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-42656-2023 (O&M) Date of decision: 31.10.2023 GURDEEP SINGH PASRICHA AND ORS.
....Petitioners
Versus
STATE OF HARYANA AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
Mr. Rakesh Sobti, Advocate for the petitioner Nos.1, 2, 3, 4, 5, 6 & 8. Mr. Ram Bilas Gupta, Advocate for petitioner No.7. Mr. Vishal Malik, DAG Haryana.
Mr. Pardeep Panwar, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 11.08.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:
FIR No.
Dated Sections Police Station 24.02.2021 120-B, 147, 149, 323, 325, 506 IPC Sector 50, Gurugram 2.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 11.08.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The SANDAL SHARMA 2023.11.06 10:46 I attest to the accuracy and authenticity of this order/judgment
CRM-M-42656-2023 (O&M) -2Judicial Magistrate First Class, Gurugram vide report dated 19.10.2022 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.
3.
Respondent No.2 is represented by his counsel and does not oppose the compromise.
4.
Reply dated 28.10.2023 in the form of an affidavit of Assistant Commissioner of Police, Crime Against Women, East Gurugram, has been filed. The same is taken on record. Copy thereof has been supplied to learned counsel for the petitioners.
5.
In view of the aforesaid report of the Judicial Magistrate First Class, Gurugram and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 6.
In the circumstances, the present petition is allowed. FIR No.70 dated 24.02.2021, under Sections 120-B, 147, 149, 323, 325, 506 of IPC registered at Police Station Sector 50, Gurugram (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.
(SANJIV BERRY) JUDGE 31.10.2023 S.Sharma(syr) Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/ No SANDAL SHARMA 2023.11.06 10:46 I attest to the accuracy and authenticity of this order/judgment