Punjab-Haryana High Court
Rambir & Ors vs State Of Haryana & Ors on 3 July, 2023
Neutral Citation No:=2023:PHHC:083869
2023:PHHC:083869
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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244 CRM-M-41357-2017
Rambir and Others ....Petitioners
Vs.
State of Haryana and Others ....Respondents
CRM-43438-2017
Jai Prakash and Others ....Petitioners
Vs.
State of Haryana and Others ....Respondents
Date of Decision:03.07.2023
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Akshay Partap Singh, Advocate
for the petitioners in CRM-M-41357-2017
and for respondents in CRM-M-43438-2017.
Mr. Parveen Kumar Aggarwal, DAG, Haryana.
Mr. Sarfraj Hussain, Advocate for
respondents in CRM-M-41357-2017
and for petitioners in CRM-M-43438-2017.
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DEEPAK GUPTA, J.
This order shall dispose of two petitions referred above filed
under Section 482 Cr.P.C. for quashing of FIR No.233 dated 08.06.2016
registered under Sections 323, 325, 452, 506, 307 of the IPC registered at
Police Station Pataudi, Gurugram and FIR No.232 dated 08.06.2016
registered under Sections 147, 148, 149, 323, 452, 506 of the IPC (Sections
325, 326, 307 of the IPC added later on) registered at Police Station Pataudi,
District Gurgaon and all the subsequent proceedings arising therefrom on
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CRM-M-41357-2017 with
the basis of compromise, as both of them have arisen out of the same
occurrence.
This Court vide order dated 17.12.2018 had directed the parties
to appear before the trial Court to get their statements recorded and the
learned Magistrate was directed to send its report qua the genuineness of the
compromise.
Pursuant to the aforesaid order, parties have appeared before
Learned Additional District & Sessions Judge, Gurugram and got their
statements recorded. On the basis of the statements so recorded, Learned
Additional District & Sessions Judge has submitted report dated 17.01.2019
to the effect that the compromise has been effected between the parties
voluntarily and without any coercion or undue influence.
Relevant part of report reproduce as under:
"Stated that We had compromised the matter with accused Ajit
and Lalit. We do not want to pursue further with the case in hand. We
had no objection if FIR no.232, dated 8.6.2016 under Sections 147,
148, 149, 323, 325, 326, 452, 307, 506 of IPC, P.S. Pataudi, District
Gurugram is quashed. There is no ill-will remains between both the
parties now. The compromise has been taken place with the
involvement of the respectable persons of the society and Gram
Panchayat. Photostat copy of the compromise is Ex.C1. No undue
pressure has been imposed upon us by the accused party for the
compromise of this matter. Accused Lalit and Ajit have been granted
interim bail by the Hon'ble Supreme Court. The photostat copy of
order of Hon'ble Supreme Court is attached herewith. A case FIR
no.233, dated 8.6.2016 under Sections 147, 148, 323, 325, 307, 452,
506, 34 of IPC, P.S. Pataudi regarding the same incident is pending
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CRM-M-41357-2017 with
on us in the Court of Ms. Suruchi Atreja, ASJ, Gurugram for today
i.e. 14.01.2019. The matter has also been compromised between both
the parties and a petition under Section 482 of Cr.P.C. for quashing
of FIR is pending in the Hon'ble High Court vide CRM M
No.41357/2017 and notice of motion has already been issued and the
next date of hearing in the Hon'ble High Court is 31.1.2019."
Learned counsel for the parties have not disputed the factum of
compromise between the parties.
In view of the above, no useful purpose would be served to
continue with the proceedings before the trial Court in the instant F.I.R.
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, both the petitions are allowed and FIR No.233 dated
08.06.2016 registered under Sections 323, 325, 452, 506, 307 of the IPC
registered at Police Station Pataudi, Gurugram and FIR No.232 dated
08.06.2016 registered under Sections 147, 148, 149, 323, 452, 506 of the
IPC (Sections 325, 326, 307 of the IPC added later on) registered at Police
Station Pataudi, District Gurgaon, and all the subsequent proceedings arising
therefrom on the basis of compromise are quashed qua the petitioner(s).
July 03, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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