Rajesh Sharma vs State Of Haryana And Others
2023 Latest Caselaw 14161 P&H

                                                  Neutral Citation No:=2023:PHHC:111986




                                                  2023:PHHC:111986
CRM-M-34259-2023
                                                    -1-
241

       IN THE HIGH COURT OF PUNJAB AND HARYANA
            AT CHANDIGARH

                                       CRM-M-34259-2023
                                       Date of decision:-25.08.2023

Rajesh Sharma
                                                                  ...Petitioner

                   Versus

State of Haryana and others
                                                              ...Respondents

CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL


Present : Mr.Rakesh Dhiman, Advocate for
          Mr.Balraj Gujjar Advocate
          for the petitioner.

            Mr.R.S. Chauhan, AAG, Haryana.

            Mr.Anubhav Siwach, Advocate
            for respondents No.2 and 3.

            ****

SUVIR SEHGAL, J.(ORAL)

1. Instant petition has been filed under Section 482 of the

Code of Criminal Procedure, 1973 for quashing of FIR No.173 dated

07.10.2018, under Sections 279, 337, 338 IPC, registered with Police

Station Partapnagar (Khijrabad), District Yamunanagar, Annexure P1,

along with all subsequent proceedings arising therefrom, on the basis of

compromise dated 05.07.2023, Annexure P2, arrived at between the

parties.

2. Counsel for the petitioner submits that the FIR is an

outcome of a minor vehicular accident and has been amicably settled

between the parties.

1 of 3

Neutral Citation No:=2023:PHHC:111986

2023:PHHC:111986 CRM-M-34259-2023

3. Counsel for the respondents No.2 and 3 has admitted the

factum of compromise.

4. Heard counsel for the parties.

5. Pursuant to order dated 18.07.2023 passed by this Court,

report has been received from the Trial Court, relevant extract of which

is as under:-

"4. It is humbly submitted that in view of statement of

complainant Gulshan Kumar, injured Rameshwar Dass and that

of accused Rajesh Sharma, compromise seems valid, genuine,

voluntary and out of the free will of the parties.

5. It is further respectfully submitted that in view of reply filed

by the prosecution dated 08.08.2023 and in view of statement of

HC, Sukhwinder, Belt No.354, P.S. Partap Nagar, District

Yamuna Nagar, Investigating Officer, that except the present FIR,

no other criminal case is pending against the accused Rajesh

Sharma.

6. Hence, keeping in view the statements of the parties, duly

identified by their respective learned counsels, it appears that the

parties have entered into a compromise and the said compromise

has been arrived at between the parties without any kind of

pressure, coercion, undue influence and out of their own free will.

As such, compromise in question is found to be a valid/genuine

compromise and has been effected between the parties without

there being any kind of influence or coercion or undue influence."

6. In view of this development, report of the Trial Court and

2 of 3

Neutral Citation No:=2023:PHHC:111986

2023:PHHC:111986 CRM-M-34259-2023

judgment of the Supreme Court in Gian Singh Versus State of Punjab

and another, 2012(4) RCR (Criminal) 543 and a Full Bench of this

Court in Kulwinder Singh vs. State of Punjab and another, 2007(3)

RCR (Criminal) 1052, this Court is of the view that keeping the criminal

proceedings alive would not serve any purpose and setting them aside

would enable the parties to lead a harmonious and peaceful life.

7. Accordingly, the petition is allowed. FIR No.173 dated

07.10.2018, under Sections 279, 337, 338 IPC, registered with Police

Station Partapnagar (Khijrabad), District Yamunanagar, Annexure P1,

along with all subsequent proceedings arising therefrom, are quashed

qua the petitioner.

                                                (SUVIR SEHGAL)
25.08.2023                                         JUDGE
Brij

Whether reasoned/speaking :              Yes/No

Whether reportable                 :     Yes/No

Neutral Citation No:=2023:PHHC:111986

3 of 3