Hari Singh And ORS. v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:059684 CRM-M-50166-2023 Date of decision: May 1st, 2024 Hari Singh and others .....Petitioners

Versus

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

Present:

Mr. S.S. Sahu, Advocate for the petitioners.

Ms. Deepshikha Chauhan, Assistant Advocate General, Haryana.

Ms. Sunita Devi, Advocate for respondent Nos.2 and 3.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.163 dated 10.06.2023 under Sections 364-A, 365, 506 of the IPC (Section 34 of the IPC added later on) registered at Police Station Rajender Park, District Gurgaon, along with all consequential proceedings arising therefrom on the basis of compromise effected between the parties. 2.

Vide order dated 29.02.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 01.04.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Reports have since been received from learned Additional Sessions Judge, Gurugram, and Principal Magistrate, Juvenile Justice Board, Gurugram, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been PUNEET SACHDEVA 2024.05.01 14:34 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-50166-2023 -2effected between the parties and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed. It has also been reported that challan stands presented only qua petitioner No.3-Karanveer only. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and private respondents are the only aggrieved persons in the FIR in question.

6.

In view of the report of the learned Additional Sessions Judge, Gurugram, Principal Magistrate, Juvenile Justice Board, Gurugram, 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. May 1st, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.05.01 14:34 I attest to the accuracy and integrity of this document Chandigarh