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High Court of Punjab and HaryanaCRM-M/40661/2024allowed

Satyapal Singh v. State Of Haryana And Another

2024-10-23Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-40661-2024 Date of decision: October 23rd, 2024 Satyapal Singh and others .....Petitioners

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

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

Mr. Yuvraj Shandilya, Assistant Advocate General, Haryana.

Ms. Amandeep Kaur, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.931 dated 02.10.2022 under Sections 120-B, 365 of the Indian Penal Code, 1860 registered at Police Station Sadar, Karnal and the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-3) arrived at, between the parties. 2.

Vide order dated 23.08.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 23.09.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Additional Chief Judicial Magistrate, Karnal, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived PUNEET SACHDEVA 2024.10.23 14:54 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-40661-2024 -2at 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. 4.

The trial Court has annexed the attested copies of the statements of the parties, along with its report. 5.

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.

6.

In view of the report of the learned Additional Chief Judicial Magistrate, Karnal, and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the 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. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 23rd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.10.23 14:54 I attest to the accuracy and integrity of this document Chandigarh