Sharwan Kumar And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-65078-2023 (O&M) Date of decision: October 28th, 2024 Sharwan Kumar and others .....Petitioners

Versus

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

Present:

Mr. K.S. Dadwal, Advocate for the petitioners.

Mr. Praveen Bhadu, Assistant Advocate General, Haryana. Mr. Bhupender Singh, Advocate for Mr. Dixit Vashist, Advocate for respondent Nos.2 to 5.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.360 dated 08.08.2022 under Sections 148, 149, 307 of the IPC (Sections 323, 506, 326, 201 of the IPC added later on) registered at Police Station Taraori, District Karnal, along with all consequential proceedings arising therefrom on the basis of compromise dated 16.09.2023 (Annexure P-2).

2.

Vide orders dated 22.12.2023 and 22.08.2024 of this Court, the parties were directed to appear before the learned trial Court/ Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned PUNEET SACHDEVA 2024.10.28 14:56 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-65078-2023 (O&M) -2Additional District & Sessions Judge, Karnal, 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 private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.

4.

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

5.

Learned State counsel too submits that there are no other accused other than the petitioners and private respondents are the only aggrieved persons in the FIR in question.

6.

In view of the report of the learned Additional District & Sessions Judge, Karnal, 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. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 28th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.10.28 14:56 I attest to the accuracy and integrity of this document Chandigarh