Punjab-Haryana High Court
Monu And Others vs State Of Haryana And Others on 11 November, 2024
JYOTI THAKUR 2024.11.14 10:02 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 282 CRM-M-28335-2024 Date of Decision: 11.11.2024 Monuandothers ae Petitioners versus StateofHaryanaand others lke Respondents CORAM: HON'BLE MR. JUSTICE GURBIR SINGH Present:- | Mr. Tushar Gautam, Advocate, for the petitioners. Mr. Gurmeet Singh, AAG, Haryana. Mr. Umang Goyal, Advocate, for the respondent No.3. ie 26 2h 2s 3 GURBIR SINGH, J.(Oral)
1. The present petition has been filed under Section 482 Cr.P.C.
for quashing of FIR No.170 dated 25.04.2024, under Sections 384 and 506 of IPC, registered at Police Station Mahesh Nagar, Ambala Cantt., District Ambala (Annexure P-1) and all subsequent on the basis of compromise dated 26.05.2024 (Annexure P-2).
2. This Court, vide order dated 31.05.2024, had directed the parties to appear before the trial Court/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send the report qua the genuineness of the compromise.
3. In compliance thereof, report dated 14.06.2024 from learned Judicial Magistrate Ist Class, Ambala, has been received through the District & Sessions Judge, Ambala, with statements of the parties, in which, it has been mentioned that the compromise is genuine and has been effected between the parties voluntarily, without any coercion or undue influence.
| attest to the accuracy and integrity of this order/judgement CRM-M-28335-2024 -2- 2024 PHRG 146706 a ©
4. Learned counsel appearing on behalf of respondent No.3- a complainant has not disputed the factum of compromise.
5. Learned State counsel submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR.
6. I have heard learned counsel for the parties and have gone through the record.
7. In a decision, based on compromise, none of the parties is a loser. Rather, a compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.
8. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.170 dated 25.04.2024, under Sections 384 and 506 of IPC, registered at Police Station Mahesh Nagar, Ambala Cantt., District Ambala (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua the petitioners on the basis of compromise dated 26.05.2024 (Annexure P-2).
(GURBIR SINGH) 11.11.2024 JUDGE JYOTI THAKUR 2024.11.14 10:02 gti dpakur Whether speaking/reasoned: Yes/No | attest to the acc integrity of this order/judgement Whether reportable . Yes/No