Gaurav And Another v. State Of Haryana And Another

N.C. No.2024:PHHC:006939

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-54001-2019 (O&M) Date of decision: 18.01.2024 GAURAV AND ANOTHER ....Petitioner(s)

Versus

STATE OF HARYANA AND ANOTHER

...Respondent(s)

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

Mr. Ravi Kumar, Advocate for Mr. Rajbir Singh, Advocate for the petitioners. Mr. Vishal Malik, DAG Haryana.

Mr. Jasdev Singh Brar, 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 12.12.2019 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 07.12.2019 406, 420 and 120-B IPC Shahabad, District Kurukshetra 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 12.12.2019 (Annexure P-2), 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 learned Sub Divisional Judicial Magistrate, Shahabad vide report dated SANDAL SHARMA 2024.01.22 10:33 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:006939 CRM-M-54001-2019 (O&M) -216.01.2024 has apprised this Court that the compromise arrived at between the parties is genuine and 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 learned Sub Divisional Judicial Magistrate, Shahabad 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.644 dated 07.12.2019 under Sections 406, 420 and 120-B of IPC registered at Police Station Shahabad, District Kurukshetra (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 18.01.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.01.22 10:33 I attest to the accuracy and authenticity of this order/judgment