Sourav Sharma And Others v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:011072 CRM-M-50204-2023 Date of decision: January 29th, 2024 Sourav Sharma and others .....Petitioners

Versus

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

Present:

Mr. Rakesh Kumar Lathwal, Advocate for Mr. Naveen Kumar Jaglan, Advocate for the petitioners.

Mr. Rahul Mohan, Senior Deputy Advocate General, Haryana.

Mr. Amit Khari, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.549 dated 31.08.2023 under Sections 148, 149, 380, 427, 452, 506 of the Indian Penal Code, 1860 registered at Police Station Old Industrial Area, Panipat, and the consequential proceedings arising out of the same, on the basis of compromise dated 02.10.2023 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 05.10.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 04.11.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Panipat, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between PUNEET SACHDEVA 2024.01.29 14:17 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-50204-2023 -2the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed. 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 respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Panipat, 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.

6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. January 29th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.01.29 14:17 I attest to the accuracy and integrity of this document.

Chandigarh