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High Court of Punjab and HaryanaCRM-M/45027/2023allowed

Satish v. State Of Haryana And Another

2023-10-31Mr. Justice Sanjiv Berry2 pages

N.C. No.2023:PHHC:139434

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-45027-2023 (O&M) Date of decision: 31.10.2023 SATISH ....Petitioner

Versus

STATE OF HARYANA AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Yashveer Kharb, Advocate for the petitioner. Mr. Vishal Malik, DAG Haryana.

Mr. Nitin Kadian, Advocate for Mr. Vishal Yadav, 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 17.08.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 10.08.2018 186, 324, 332 and 353 IPC Panipat City, District Panipat 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 17.08.2023 (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 learned Chief Judicial Magistrate, Panipat vide report dated 21.10.2023 has SANDAL SHARMA 2023.11.06 10:46 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:139434 CRM-M-45027-2023 (O&M) -2apprised 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.

In view of the aforesaid report of the learned Chief Judicial Magistrate, Panipat 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. 5.

In the circumstances, the present petition is allowed. FIR No.1131 dated 10.08.2018 under Sections 186, 324, 332 and 353 of IPC registered at Police Station Panipat City, District Panipat (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