Jaskaran Singh And ORS. v. State Of Haryana And ORS.

CRM-M-50358-2024
























IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-50358-2024 Date of decision: 18.11.2024 JASKARAN SINGH AND ORS.

...Petitioner(s)

VERSUS

STATE OF HARYANA AND ORS.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Neeraj Jain, Advocate for the petitioner(s).

Mr. Rajinder Kumar Banku, DAG, Haryana.

Mr. Gurvinder Singh Aulakh, Advocate for respondents No.2 to 6.

**** N. S. SHEKHAWAT, J. (Oral) The petitioners have submitted that Section 325 IPC was added in the present case during the course of proceedings, however in the head note and prayer clause of the petition Section 325 IPC has not been mentioned. He is permitted to make the necessary correction accordingly. In view of the averments made by the learned counsel for the petitioners, Section 325 of IPC is ordered to be added in the head note and prayer clause of the petition.

Registry of this Court is directed to do the needful. The instant petition has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR No. 100 dated 20.07.2023, registered under Sections 147, 148, 149, 294, 323, 325 and 506 of IPC, Police Station Rori, District Sirsa (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2). MOHIT 2024.11.20 10:48 I attest to the accuracy and integrity of this document

CRM-M-50358-2024























Vide order dated 14.10.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise (Annexure P-2).

Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, Sirsa and got their statements recorded. Report dated 16.10.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner(s).

Resultantly, FIR No. 100 dated 20.07.2023, registered under Sections 147, 148, 149, 294, 323, 325 and 506 of IPC, Police Station Rori, District Sirsa (Annexure P-1), alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s). (N. S. SHEKHAWAT) 18.11.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHIT 2024.11.20 10:48 I attest to the accuracy and integrity of this document