Rishab And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-62715-2023 (O&M) Date of decision: 25.04.2025 Rishab and others ....Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Mohinder Singh Kathuria, Advocate for the petitioners.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

Mr. Keshav Bhandari, Advocate for Ms. Divya Singh, Advocate for respondents No.2 to 4.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of Cr.P.C., seeking quashing of FIR No.147 dated 07.03.2023 (Annexure P-1) under Sections 148, 149, 307, 323 and 506 IPC (later Sections 324, 326 and 201 IPC and Sections 25, 54 and 59 of Arms Act were added) registered at Police Station Shahabad, District Kurukshetra, Haryana, and all other subsequent proceedings arising therefrom in view of the compromise dated 08.11.2023.

2.

The following order was passed on 25.02.2025:- "XX XX XX XX Learned counsel for the petitioners inter alia contends that offence under Section 307 of Indian Penal Code has been added by the jurisdictional police

authorities and there is no opinion of the doctor with regard to any injury suffered by any of the victim-injured being dangerous to life and injuries suffered by the victim at the most, attract the offence under Sections 324 and 326 of IPC and prima facie offence under Section 307 of IPC is not made out. Learned counsel further contends that petitioners as well as victims are students, and out of total 06 petitioners, 03 are minors and one of the victim was minor at the time of incident. Learned counsel further relies upon the judgment of Hon'ble Supreme Court reported as State of Madhya Pradesh Vs. Laxmi Narayan & others, (2019) 5 SCC 688.

Service is already complete.

Adjourned to 25.03.2025.

In the meantime, Parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of two weeks or any other date convenient to the trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of the compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 25.03.2025.

A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 3.

In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

4.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.147 dated 07.03.2023 (Annexure P-1) under Sections 148, 149, 307, 323 and 506 IPC (later Sections 324, 326 and 201 IPC and Sections 25, 54 and 59 of Arms Act were added) registered at Police Station Shahabad, District Kurukshetra, Haryana, and all other subsequent proceedings arising out of the same are qua the petitioners.

(HARPREET SINGH BRAR) JUDGE 25.04.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No