Raj Kumar Alias Raju v. State Of Haryana And Another
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-48800-2021
Reserved on: 14.12.2021
Pronounced on: 04.02.2022 Raj Kumar alias Raju ......Petitioner Vs.
State of Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Amit Choudhary, Advocate for the petitioner. Mr. Rajat Gautam, DAG, Haryana.
Mr. Rakesh Gupta, Advocate for respondent No.2. *** ANOOP CHITKARA J.
FIR No.
Dated Police Station Sections 25.04.2019 Bhuna, District Fatehabad 392 & 397 IPC and Section 25/54/59 of Arms Act The petitioner(s), arraigned as accused in the above captioned FIR, has come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the victim(s).
2.
The gist of the allegations against the petitioner(s) is that the complainant (respondent No.2) made a statement before the police and on that statement, police recorded the above captioned FIR.
3.
As per the reply of the state, the petitioner has following criminal history: Cases ended in conviction (15 cases)
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During the pendency of the petition, the injured gave an affidavit that in the brotherhood panchayat, the matter stands compromised; they are residents of the same village, and to keep peace and harmony and to abolish the grudge, the complainant does not want to continue with the matter. During the previous dates before this Court, Ld. counsel appearing for the complainant stood to the stand. 5.
The petitioner's affidavit is not annexed with the petition because he is in jail. The reason for compromise is to live in peace harmony and remove grudges. Since the accused is in jail, the victim does not need to live with him in peace and harmony at this stage. This court does not want the victim to do something which forces him to live with the accused; instead, he should have patience and wait for the accused's release from prison. 6.
Given above, the petition is dismissed at this stage and it shall be open for the petitioner to file a fresh petition by filing a fresh compromise deed duly signed by the accused and the victim, after his release from prison. The heinous nature of offence, criminal history and whether matter can be compromised shall be considered at that stage. Petition dismissed in the terms mentioned above. All pending applications, if any stand disposed of.
(ANOOP CHITKARA) JUDGE February 04, 2022 anju rani Whether speaking/reasoned:
Yes Whether reportable:
No.