Chandi Ram And ORS v. State Of Haryana And ORS

-1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-64376-2024 (O&M) Date of Decision:- 17.01.2025 CHANDI RAM AND ORS ....Petitioner(s)

Versus

STATE OF HARYANA AND ORS

...Respondent(s)

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

Mr. Anil Saini, Advocate for Ms. Pallavi Babbar, Advocate for the petitioners.

Mr. Surender Singh, A.A.G. Haryana.

Mr. Kushager Goyal, Advocate for respondent Nos.2 to 6.

***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 14.12.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 29.10.2023 148, 149, 323, 324, 452, 506 IPC;

(326 IPC added later on) Madhuban, District Karnal

-22.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 14.12.2024 (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 learned Additional Chief Judicial Magistrate, Karnal vide report dated 09.01.2025 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.25,000/- in compliance to the order dated 19.12.2024.

3.

Respondent Nos.2 to 6 are represented by their counsel and do not oppose the compromise.

4.

In view of the aforesaid report of the learned Additional Chief Judicial Magistrate, Karnal 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.435 dated 29.10.2023 under Sections 148, 149, 323, 324, 452, 506 IPC; (326 IPC added later on) registered at Police Station Madhuban, District

-3Karnal (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 17.01.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No