Ajay Grewal v. State Of Haryana And Others

Sr. No.275(01)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 27th November 2024 AJAY GREWAL ........Petitioner versus STATE OF HARYANA AND OTHERS .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Paras Choudhary, Advocate for Mr. Vijay Sangwan, Advocate for the petitioner.

Mr. Deepak Kumar Grewal, DAG, Haryana.

Mr. Virender Soni, Advocate for respondents.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.08 dated 05.01.2023, under Sections 323, 354, 506, 509 read with Section 34 IPC, 1860, registered at Police Station Urban Estate Rohtak, District Rohtak (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise deed dated 30.06.2023 (Annexure P-2), executed between the parties.

2.

The parties were directed to appear before the trial Court/Illaqa Magistrate to get their statements recorded and report qua the genuineness of the compromise was sought from the trial Court/Illaqa Magistrate vide order dated 17.09.2024.

3.

Pursuant to the aforesaid order, the parties have appeared before the Additional Chief Judicial Magistrate, Rohtak and got their statements

 recorded. On the basis of the statements so recorded, the learned Magistrate has submitted report dated 21.11.2024 with the following observations:- "xxx xxx xxx xxx (i) The compromise arrived at between the parties is genuine. (ii) The complainant, all the injured/victim and all the accused are party to the compromise.

(iii) No additional accused has been added during the investigation.

(iv) The accused has not been declared as proclaimed offender. (v) During investigation, Sections 354, 34 IPC were deleted and Sections 509, 354-A IPC were added.

(vi) No investigation is pending against any of the accused and no accused has been declared innocent during the investigation.

xxx xxx xxx xxx"

4.

Learned State counsel as well as counsel for the respondents have not disputed the factum of compromise between the parties. 5.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6.

Following the principles laid down by the Full Bench judgment of this Court in "Kulwinder Singh and others Versus State of Punjab and another 2007" (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in "Gian Singh Versus State of Punjab and others" (2012) 10 SCC 303, the present petition is allowed and FIR No.08 dated 05.01.2023, under Sections 323, 354, 506, 509 read with Section 34 IPC, 1860, registered at Police Station Urban Estate Rohtak, District Rohtak (Annexure P-1) and all subsequent proceedings arising therefrom are ordered to be quashed qua the petitioner.

 7.

However, the respondents/complainant and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise deed dated 30.06.2023 (Annexure P-2) are violated.

8.

Pending miscellaneous application(s), if any, shall also stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 27th November 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No