Punjab-Haryana High Court
Satish Kumar And Anr vs State Of Haryana And Others on 20 March, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:040479
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-32843-2023 (O&M)
Date of Decision:- 20.03.2024
Satish Kumar and another ... Petitioners
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Anupal Singh Tanwar, Advocate for
Mr. Abhimanyu Singh, Advocate, for the petitioners.
Mr. Ramender Singh Chauhan, AAG, Haryana.
Mr. Rahul Noorie, Advocate, for respondent No.2.
*****
GURVINDER SINGH GILL, J. (Oral)
1. Petitioners-Satish Kumar and Subhash Chander have approached this Court seeking quashing of FIR No.51 dated 19.02.2020, Police Station Khedki Daula, District Gurugram under Sections 365, 379-A, 506 IPC (Sections 365 and 379-A IPC deleted and Section 323 IPC added later on), and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.
2. Vide order dated 19.09.2023, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.
MOHAN SINGH 2024.03.20 22:47 I attest to the accuracy and integrity of this order/judgment CRM-M-32843-2023 (O&M) -2- 2024:PHHC:040479
3. Report of learned Judicial Magistrate 1st Class, Gurugram, has been received, wherein it has been reported that the statement of petitioners/accused Satish Kumar, Subhash Chander and complainant/victim Rajnath Yadav and Anil Yadav have been recorded to the effect that they have compromised the matter amongst themselves.
4. The complainant/victim Rajnath Yadav and Anil Yadav in their statement had stated that they have no objection in case the FIR in question is quashed.
5. The learned Judicial Magistrate 1st Class, Gurugram, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.
6. In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.51 dated 19.02.2020, Police Station Khedki Daula, District Gurugram under Sections 365, 379-A, 506 IPC (Sections 365 and 379-A IPC deleted and Section 323 IPC added later on) and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.
20.03.2024 (GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
MOHAN SINGH
2024.03.20 22:47
I attest to the accuracy and
integrity of this order/judgment