Rajinder Singla v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-57759-2022 Decided on : 04.01.2023 Rajinder Singla ...... Petitioner

Versus

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

Mr. Parminder Walia, Advocate for the petitioner.

Mr. Pawan Kumar Jhanda, AAG, Haryana.

**** Manjari Nehru Kaul, J.

Mr. Ravi Kumar Mishra, Advocate has put in appearance on behalf of respondents No.2 to 4 and filed power of attorney in Court today, which is taken on record.

Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.245 dated 14.05.2018 under Sections 323, 427, 452, 506 and 34 IPC registered at Police Station Sector 5, Panchkula and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 10.11.2022 (Annexure P-2) arrived at, between the parties.

Vide order dated 12.12.2022 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 20.12.2022 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 22.12.2022 has since been received from the learned JMIC, Panchkula in pursuance to the direction of this Court. As per SONIA BURA 2023.01.04 14:20 I attest to the accuracy and integrity of this document

CRM-M-57759-2022 -2the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the statements of the parties in original alongwith its report.

Learned State counsel on instructions also submits that there are no other accused other than the petitioner and respondents No.2 to 4 are the only aggrieved persons in the FIR in question. In view of the report of the learned JMIC, Panchkula 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. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 04.01.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.01.04 14:20 I attest to the accuracy and integrity of this document