Manoj Kumar Kharwar And ORS v. State Of Haryana And ANR

CRM-M-48168-2024


















IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-48168-2024 Date of decision: 24.02.2025 MANOJ KUMAR KHARWAR AND ORS

...Petitioner(s)

VERSUS

STATE OF HARYANA AND ANR

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE H. S. GREWAL

Present:

Mr. Sanyam Khetarpal, Advocate for the petitioner(s).

Mr. Aditya Pal Singla, AAG, Haryana.

Ms. Kajal Chauhan, Advocate for respondent No.2.

**** H. S. GREWAL, J. (Oral) 1.

The instant petition is for quashing of FIR No.0144 dated 02.03.2024 under Sections 323, 34 and 506 of the Indian Penal Code registered at Police Station Saran, District Faridabad, and all consequential proceedings arising out of the same, on the basis of compromise dated 20.09.2024 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 26.09.2024 passed by a Co-ordinate Bench of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate 1st Class, Faridabad, in pursuance of the directions of this Court, wherein, the MOHIT 2025.03.01 15:35 I attest to the accuracy and integrity of this order/judgment

CRM-M-48168-2024

















factum of the compromise arrived at between the 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 she would have no objection if the FIR qua the accused-petitioners is quashed. 4.

The Trial Court has annexed the copy of statements of the parties, alongwith 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 Sub Divisional Judicial Magistrate, Payal and the principles laid down by Hon'ble 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 qua petitioners.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (H. S. GREWAL) 24.02.2025 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHIT 2025.03.01 15:35 I attest to the accuracy and integrity of this order/judgment