Himanshu And Another v. State Of Haryana And Another

N.C. No.2024:PHHC:011980

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-59180-2023 (O&M) Date of decision: 29.01.2024 HIMANSHU AND ANOTHER ....Petitioner(s)

Versus

STATE OF HARYANA AND ANOTHER

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Divyam Singh, Advocate for the petitioners. Mr. Dhruv Sihag, AAG Haryana.

Mr. Sukhdev Singh, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 18.11.2023 (Annexure P-3) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 05.11.2023 148, 149, 323, 427, 506 IPC Assandh, District Karnal 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 18.11.2023 (Annexure P-3), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Sub Divisional Judicial Magistrate, Assandh vide report dated 07.12.2023 has apprised this Court that the compromise arrived at between the parties is genuine SANDAL SHARMA 2024.01.31 17:23 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:011980 CRM-M-59180-2023 (O&M) -2and without any pressure.

3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the Sub Divisional Judicial Magistrate, Assandh and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.841 dated 05.11.2023 under Sections 148, 149, 323, 427, 506 of IPC registered at Police Station Assandh, District Karnal (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 29.01.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.01.31 17:23 I attest to the accuracy and authenticity of this order/judgment