Tarsem v. State Of Haryana And Another

2024:PHHC:014775 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-57639-2023 (O&M) Date of Decision:- 02.02.2024 Tarsem ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Pinki Mehta, Advocate, for the petitioner. Mr. Ramender Singh Chauhan, AAG, Haryana.

Ms. Priya Sahoo, Advocate for Mr. Amit Kaushik, Advocate, for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

Petitioner-Tarsem has approached this Court seeking quashing of FIR No.0067 dated 05.03.2023, Police Station Kaithal Sdar, District Kaithal, under Sections 506 of IPC and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 16.11.2023, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Additional District and Sessions Judge, Kaithal, has been received, wherein it has been reported that the statement of petitioner/accused Tarsem and complainant Darshan Singh have been MOHAN SINGH 2024.02.02 17:15 I attest to the accuracy and authenticity of this order/judgment

CRM-M-57639-2023 (O&M) - 2 - 2024:PHHC:014775 recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Darshan Singh in his statement had stated that he has no objection in case the FIR in question is quashed. 5.

The learned Additional District and Sessions Judge, Kaithal, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or 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 No. 0067 dated 05.03.2023, Police Station Kaithal Sdar, District Kaithal, under Sections 506 of IPC and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner. 02.02.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.02.02 17:15 I attest to the accuracy and authenticity of this order/judgment