Rohit And Others v. State Of Haryana And Others

CRM-M-64949-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-64949-2023 Date of decision: 16.09.2024 ROHIT AND OTHERS

...Petitioners

VERSUS

STATE OF HARYANA AND OTHERS

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Ms. Tanya Vashisht, Advocate for the petitioners.

Mr. Rajinder Kumar Banku, DAG, Haryana.

Mr. Pradeep Panwar, Advocate for respondents No.2 to 4.

**** N. S. SHEKHAWAT, J. (Oral) 1.

The instant petition has been filed under Section under Section 482 of the Code of Criminal Procedure for quashing of an FIR No. 177 dated 21.03.2017 under Sections 147, 148, 323, 452 and 506 IPC and Sections 25/54/59 of Arms Act, 1959 registered at Police Station Badshahpur, District Gurugram, alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 18.11.2023 (Annexure P-2). 2.

Learned State counsel submits that in the present case fire arm was used for the offence, however no injury was caused by using the fire arm. 3.

Vide order dated 22.12.2023 while issuing notice of motion, by a Co-ordinate Bench of
this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 18.11.2023 (Annexure P-2). 4.

Pursuant to aforesaid order, the parties have appeared before the Civil Judge (Jr. Division)-cum-Judicial Magistrate First Class, Gurugram and got their statements recorded. Report dated 02.04.2024 has been received MAMTA 2024.09.17 16:21 I attest to the accuracy and integrity of this order/judgment

CRM-M-64949-2023 -2whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

5.

I have heard counsel for the parties and gone through the case file. 6.

In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.

7.

Resultantly, FIR No. 177 dated 21.03.2017 under Sections 147, 148, 323, 452 and 506 IPC and Sections 25/54/59 of Arms Act, 1959 registered at Police Station Badshahpur, District Gurugram alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners. (N. S. SHEKHAWAT) 16.09.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.09.17 16:21 I attest to the accuracy and integrity of this order/judgment