Virat Pandit v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:043533 CRM-M-57562-2023 Date of decision: April 2nd, 2024 Virat Pandit .....Petitioner

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Aman Priye Jain, Advocate for the petitioner.

Mr. Rahul Mohan, Senior Deputy Advocate General, Haryana.

Mr. Rahul Vats, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.164 dated 31.03.2024 under Sections 147, 149, 323, 506 of the Indian Penal Code, 1860 registered at Police Station Palam Vihar, Gurugram. 2.

Vide order dated 15.01.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15.02.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Gurugram, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. 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 and the complainant PUNEET SACHDEVA 2024.04.02 17:11 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-57562-2023 -2has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Gurugram, 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. April 2nd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.04.02 17:11 I attest to the accuracy and integrity of this document Chandigarh