Mukesh And Others v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-59651-2024 Date of decision: February 3rd, 2025 Mukesh and others .....Petitioners

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Sumit Sangwan, Advocate for the petitioners.

Mr. Yuvraj Shandilya, Assistant Advocate General, Haryana.

Mr. Vikrant Rana, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.265 dated 20.09.2019 under Sections 34, 365 of the IPC (Sections 120B, 323, 506 of the IPC added later on) registered at Police Station Dadri City, District Charkhi Dadri, along with all consequential proceedings arising therefrom on the basis of compromise dated 21.11.2024 (Annexure P-2).

2.

Vide order dated 29.11.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 18.12.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

It has been reiterated by the learned counsel that it was on account of a matrimonial dispute between the parties that the FIR in PUNEET SACHDEVA 2025.02.03 16:15 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-59651-2024 -2question came to be registered, which has now been amicably settled. 4.

Report has since been received from learned Chief Judicial Magistrate, Charkhi Dadri, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed. 5.

The trial Court has annexed the statements of the parties in original, along with its report.

6.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

7.

In view of the report of the learned Chief Judicial Magistrate, Charkhi Dadri, and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. 8.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. February 3rd, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.02.03 16:15 I attest to the accuracy and integrity of this document Chandigarh