Babu Ram And Others v. State Of Haryana And Another

CRM-M-46106-2024























124+309

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-46106-2024 Date of decision: 24.10.2024 BABU RAM AND OTHERS

...Petitioner(s)

VERSUS

STATE OF HARYANA AND ANOTHER

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Shivam Sharma, Advocate and Mr. Johan Kumar Jangra, Advocate for the petitioner(s).

Mr. Rajinder Kumar Banku, DAG, Haryana.

Mr. Akshit Mehta, Advocate for respondents No.2 and 3.

**** N. S. SHEKHAWAT, J. (Oral) CRM-42094-2024 This application has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 with a prayer to implead victim namely Reetu wife of Umesh as respondent No.3 in the present case. For the reasons mentioned in the application, same is allowed as prayed for.

CRM-M-46106-2024























CRM-M-46106-2024 The instant petition has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing of an FIR No. 339 dated 02.09.2020, registered under Sections 147,149,323,427,506 read with Section 34 of IPC, Police Station Adarsh Nagar, Faridabad District Faridabad (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2).

Vide order dated 17.09.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise (Annexure P-2).

Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, Faridabad and got their statements recorded. Report dated 21.10.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of

CRM-M-46106-2024























Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner(s).

Resultantly, FIR No. 339 dated 02.09.2020, registered under Sections 147,149,323,427,506 read with Section 34 of IPC, Police Station Adarsh Nagar, Faridabad District Faridabad (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

(N. S. SHEKHAWAT) 24.10.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No