Sunny Sayal And ANR. v. State Of Haryana And Others

N.C. No.2024:PHHC:018061

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-64504-2023 (O&M) Date of decision: 08.02.2024 SUNNY SAYAL AND ANR.

....Petitioner(s)

Versus

STATE OF HARYANA AND OTHERS

...Respondent(s)

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

Mr. D.S. Nehra, Advocate for the petitioners. Mr. Dhruv Sihag, AAG Haryana.

Mr. Rahul Dhanda, Advocate for Mr. Sohrab Dhanda, Advocate for respondent Nos.2 and 3. ***** 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 29.11.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 20.11.2023 148, 149, 323, 341 and 506 IPC Sector-5, Panchkula, Haryana 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 29.11.2023 (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 Chief Judicial Magistrate, Panchkula vide report dated 09.01.2024 has apprised SANDAL SHARMA 2024.02.12 10:29 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:018061 CRM-M-64504-2023 (O&M) -2this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

Respondent Nos.2 and 3are represented by their counsel and do not oppose the compromise.

4.

In view of the aforesaid report of the Chief Judicial Magistrate, Panchkula 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.420 dated 20.11.2023 under Sections 148, 149, 323, 341 and 506 IPC registered at Police Station Sector-5, Panchkula, Haryana (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 08.02.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.02.12 10:29 I attest to the accuracy and authenticity of this order/judgment