Kaushalaya Devi And ANR v. State Of Haryana And Another

In the High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-50273-2023 (O&M) Kaushalya Devi and another ... Petitioners

Versus

State of Haryana and another ... Respondents (II) Gurpreet Singh ... Petitioner

Versus

State of Haryana and another ... Respondents Date of Decision:-22.8.2024

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Parveen Chauhan, Advocate for the petitioner(s). Mr. Neeraj Sheoran, DAG, Haryana.

Mr. Sarvesh Kumar Gupta, Advocate and Ms. Sunita Devi, Advocate for respondent No.2/complainant. ***** GURVINDER SINGH GILL, J . (Oral) 1.

This order shall dispose of the above mentioned two petitions filed on behalf of the petitioner(s) seeking quashing of FIR No.530, dated 6.7.2013 registered at Police Station Civil Lines, Karnal, District Karnal under Sections 406, 420, 120-B of Indian Penal Code as well as for setting aside of judgment of conviction dated 2.3.2019 and order of sentence dated 5.3.2019

CRM-M-50273-2023 (O&M) & ( 2 ) passed by learned Judicial Magistrate 1st Class, Karnal, whereby the petitioner(s) have been convicted and sentenced to undergo rigorous imprisonment for 3 years apart from fine, on the basis of a compromise having been effected between the parties. and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 6.10.2023 passed in CRM-M-50273-2023 and order dated 27.7.2022 passed in CRM-M-11403-2022, the parties had been directed to appear before the trial Court/Duty Magistrate/1st Appellate Court so as to get their statements recorded qua the factum of compromise. 3.

Report dated 16.9.2022 (in CRM-M-11403-2022) and report dated 6.11.2023 (in CRM-M-50273-2023) of learned District and Sessions Judge, Karnal have been received, wherein it has been reported that statements of petitioner(s)/accused Kaushalya Devi, Jai Kumar, Gurpreet Singh and also of complainant/respondent No.2 namely Vijay Kumar have been recorded to the effect that they have compromised the matter amongst themselves. 4.

Respondent No.2 - Vijay Kumar in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned District and Sessions Judge, Karnal has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR

CRM-M-50273-2023 (O&M) & ( 3 ) No.530, dated 6.7.2013 registered at Police Station Civil Lines, Karnal, District Karnal under Sections 406, 420, 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner(s) and judgment of conviction dated 2.3.2019 and order of sentence dated 5.3.2019 passed by learned Judicial Magistrate 1st Class, Karnal are set aside and the petitioner(s) are acquitted of the charges framed against them.

7.

A copy of this order be placed on the file of connected case. 22.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No