Mangtu Ram v. State Of Haryana And Another

CRM-M-59082 of 2022 - 1 - 2023:PHHC:094247

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-59082 of 2022 Date of decision: 25.07.2023 Mangtu Ram

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. S.K. Verma, Advocate, for the petitioner.

Ms. Jasleen Chahal, AAG, Haryana.

Mr. Kuldeep Choudhary, Advocate, for respondent No.2.

**** MANJARI NEHRU KAUL, J.

1.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.109 dated 08.04.2021 under Sections 120-B, 419, 420, 467, 468 and 471 registered at Police Station Siwani, District Bhiwani and all the subsequent proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 02.05.2023 of this Court, the parties were directed to move an application before the learned trial Court/Illaqa Magistrate concerned to get their statements recorded regarding the compromise arrived at, between them.

3.

Learned counsel for the petitioner has very fairly submitted that even though a compromise had been effected with the remaining accused Kamla Devi which finds clearly reflected in the compromise deed Annexed with the petition as Annexure P-2. However, she for the reasons best known SATYAWAN 2023.07.28 12:26 I attest to the accuracy and integrity of this document

CRM-M-59082 of 2022 - 2 - 2023:PHHC:094247 to her has still not approached to this Court for quashing of FIR. 4.

Report dated 15.05.2023 has since been received from the learned Sub-Divisional Magistrate, Siwani in pursuance of the direction of this Court. 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. The trial Court has annexed the photocopy of the statements of the parties alongwith its report.

5.

Mr. Kuldeep Choudhary, Advocate, appears for respondent No.2 and admits the fact of parties having compromised. 6.

However, learned State counsel reiterates the facts as stated in the report of the trial Court.

7.

In view of the report of the learned Sub-Divisional Magistrate, Siwani 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 qua the petitioner.

8.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 25.07.2023 (MANJARI NEHRU KAUL) Satyawan JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No SATYAWAN 2023.07.28 12:26 I attest to the accuracy and integrity of this document