Sandeep Rathi v. State Of Haryana And ANR

CRM-M-43821-2019 (O&M) 2023:PHHC:111807

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-43821-2019 (O&M) Date of decision: 25.08.2023 Sandeep Rathi

...Petitioner

VS State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Sukhdev Singh, Advocate for Mr.Vikram Singh, Advocate, for the petitioner.

Mr.Karan Garg, AAG, Haryana.

Mr.Randeep Singh, Advocate for Mr. Vishwajeet Singh, Advocate, for respondent no.2.

***** ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.91 dated 21.09.2019 (Annexure P-1) registered under Sections 186, 332, 353 and 506 of the IPC and Section 146 of the Railways Act,1989, at Police Station GRP Hisar, District GRP Ambala Cantt., and all subsequent proceedings arising therefrom, on the basis of compromise dated 05.10.2019 (Annexure P-2), arrived at between the private parties. 2.

Since quashing was sought on the basis of compromise, a co-ordinate Bench of this Court vide order dated 27.04.2023 had directed the private parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 23.08.2023 of learned Judicial Magistrate First Class, Hisar, had been received. Report reveals that statements of complainant party i.e. respondent no.2 as also of accused/present petitioner herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the DHARAM VIR 2023.08.25 17:32 I attest to the accuracy and authenticity of this order/judgement.

CRM-M-43821-2019 (O&M) 2023:PHHC:111807 complainant/respondent no.2 and accused/petitioner have arrived at a compromise voluntarily and without any coercion.

4.

Learned counsel for complainant/respondent no.2 states that he would have no objection to the quashing of FIR in question. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled "Ramgopal and anr. V. The State of Madhya Pradesh"1 and a Full Bench decision of this Court in "Kulwinder Singh and others V. State of Punjab and others"2 . 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.91 dated 21.09.2019 (Annexure P-1) registered under Sections 186, 332, 353 and 506 of the IPC and Section 146 of the Railways Act,1989, at Police Station GRP Hisar, District GRP Ambala Cantt., and all proceedings emanating therefrom qua the petitioner stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 25.08.2023 'D'Vir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1Criminal Appeal No.1489 of 2012 2007 (3) RCR (Criminal) 1052 DHARAM VIR 2023.08.25 17:32 I attest to the accuracy and authenticity of this order/judgement.