Gaurav And Others v. State Of Haryana And Others

CRM-M-51406-2024
























IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-51406-2024 Date of decision: 21.11.2024 GAURAV AND OTHERS

...Petitioner(s)

VERSUS

STATE OF HARYANA AND OTHERS

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Rishab Garg, Advocate for the petitioner.

Mr. Rajinder Kumar Banku, DAG, Haryana.

Mr. Nikhil Lohiya, Advocate for Mr. Varshit Garg, Advocate for respondents No.2 and 3.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR No.132 dated 22.05.2023 registered under Sections 147, 148, 323, 452, 506 of IPC, at Police Station Bhondsi, District Gurugram (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise dated 21.09.2024 (Annexure P-2).

Vide order dated 18.10.2024 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 dated 21.09.2024 (Annexure P-2).

MAMTA 2024.11.22 15:43 I attest to the accuracy and integrity of this order/judgment

CRM-M-51406-2024























Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, Sohna and got their statements recorded. Report dated 14.11.2024 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.132 dated 22.05.2023 registered under Sections 147, 148, 323, 452, 506 of IPC, at Police Station Bhondsi, District Gurugram (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s). (N. S. SHEKHAWAT) 21.11.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.11.22 15:43 I attest to the accuracy and integrity of this order/judgment