Gyan Chand Alias Gian Chand And Others v. State Of Haryana And Others

CRM-M-60263-2022 2023:PHHC:088299 110+285

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-60263-2022 (O&M) DATE OF DECISION: 12.07.2023 Gyan Chand @ Gian Chand and others

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM :

HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms. Gurpreet Jayia, Advocate for Mr. Sunil Kumar, Advocate, For the petitioners.

Mr. Karan Garg, AAG, Haryana.

Mr. Gursewak Singh, Advocate, For respondents No.2 to 5.

ARUN MONGA, J. (ORAL) CRM-19679-2023 For the reasons stated in application, same is allowed and affidavits of respondents No.2 to 5 are taken on record, subject to all just exceptions.

MAIN CASE Petitioners seek quashing of FIR No.0445 dated 07.11.2022 (Annexure P-2) registered under Sections 148, 323, 325, 506 read with Section 149 IPC, at Police Station Cheeka, District Kaithal, on the basis of compromise deed dated 16.12.2022 (Annexure P-3), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 23.12.2022 had directed the parties to appear before learned trial Court/Illaqua Magistrate for recording their statements in support of the compromise. A veracity report was also called for. SHALINI BHATIA 2023.07.15 14:35 I attest to the accuracy and integrity of this order/ judgment

CRM-M-60263-2022 2023:PHHC:088299 3.

Report dated 20.01.2023 of learned Sub Divisional Judicial Magistrate, Guhla, District Kaithal, had been received. Report reveals that statements of complainant party i.e., respondents No.2 to 5 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that complainant/respondents No.2 to 5 and accused/petitioners have arrived at a compromise voluntarily and without any coercion. 4.

Learned counsel for complainant/respondent No.2 states that he would have no objection to the quashing of FIR in question. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.0445 dated 07.11.2022 (Annexure P-2) registered under Sections 148, 323, 325, 506 read with Section 149 IPC, at Police Station Cheeka, District Kaithal and all proceedings emanating there from qua the petitioners stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. JULY 12, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.07.15 14:35 I attest to the accuracy and integrity of this order/ judgment