Gurlal Chahal And ORS. v. State Of Haryana And Others

CRM-M-49025-2022 -12023:PHHC:070029 249/1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49025-2022 Decided on : 15.05.2023 Gurlal Chahal and others ...... Petitioners

Versus

State of Haryana & others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Mohit Giri, Advocate for the petitioners.

Mr. Rahul Mohan, Sr. DAG, Haryana.

Mr. Amritpal S. Johal, Advocate for respondent Nos.2 and 3.

**** Manjari Nehru Kaul, J.

1.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.275 dated 02.09.2021 under Sections 406, 420, 120-B IPC registered at Police Station Ram Nagar, District Karnal and all the subsequent proceedings arising out of the same, on the basis of settlement dated 15.07.2022 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 11.01.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 30.01.2023 for getting their statements recorded regarding the compromise arrived at, between them.

3.

Report dated 13.04.2023 has since been received from the learned JMIC, Karnal in pursuance of the direction of this Court. As per the report, compromise has indeed been effected between the parties and the same is SONIA BURA 2023.05.16 13:35 I attest to the accuracy and integrity of this document

CRM-M-49025-2022 -22023:PHHC:070029 without any pressure or coercion and out of their free will. The trial Court has annexed the statements of the parties in original alongwith its report. 4.

Learned State counsel also submits that there are no other accused other than the petitioners and respondents No.2 and 3 are the only aggrieved persons in the FIR in question.

5.

In view of the report of the learned JMIC, Karnal and the principles laid down by 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 qua the petitioners. 6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 15.05.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.05.16 13:35 I attest to the accuracy and integrity of this document