Punjab-Haryana High Court
Rohtash And Ors vs State Of Haryana on 1 June, 2023
{2023:PHHC:080522}
212
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-1780-2017 (O&M)
Date of Decision: 01.06.2023
ROHTASH AND OTHERS .......Petitioners
Vs.
STATE OF HARYANA AND OTHERS --~__--==t.e..... Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL.
Present: Mr. Himmat Singh Deol, Advocate,
for the petitioner.
Mr. Chetan Sharma, DAG, Haryana.
REE
MANJARI NEHRU KAUL, J. (Oral)
The instant Revision Petition was initially filed for revision of
the order dt.04.05.2017 passed in CIS No.CRA-374 of 2015 whereby the
Additional Sessions Judge, Rewari had upheld order of the conviction
dt.19.10.2015 and order of sentence dt.20.10.2015 passed by the Judicial
Magistrate, Ist Class, Kosli, convicting the petitioners under Section 323
IPC read with Section 34 IPC, Section 325 read with Section 34 IPC,
Section 506 IPC read with Section 34 IPC. During the pendency of this
Revision Petition, two applications were filed before this Court,
CRM-1775-2023 for impleading complainant and injured, and
CRM-48507-2022 for placing on record, compromise deed dt.23.11.2022
(Annexure A-1), for setting aside the aforesaid judgement of conviction and
order of sentence dt.20.10.2015 passed by the Judicial Magistrate 1* Class,
Kosli.
SURESH KUMAR
2023.06.02 18:08
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integrity of this document
{2023:PHHC:080522}
CRR-1780-2017 (O&M)
2. While disposing of both the applications on 05.05.2023, this
Court had allowed the application for impleading the complainant and
injured with directions to the parties to get their statements recorded before
the Chief Judicial Magistrate concerned on 22.05.2023 qua the compromise
arrived at, between the parties. The Chief Judicial Magistrate was also
concerned was also directed to send his report as to whether the
compromise so arrived at between the parties was genuine, voluntary and
out of their free will. This Court had then directed the listing of the main
Revision Petition for 01.06.2023.
3. In compliance of the said order dt.05.05.2023, report has since
been received from learned Chief Judicial Magistrate, Rewari, wherein, the
factum of the compromise arrived at between the parties stands verified and
confirmed. As per the said report, compromise has indeed been effected
between the parties and the same is without any pressure or coercion and
out of their free will and complainant/injured has also made a statement to
the effect that he would have no objection if the FIR qua the petitioners is
quashed.
4. The learned Chief Judicial Magistrate, Rewari has annexed
copies of the statements of the parties along with his report.
5. In view of the report of the learned Chief Judicial Magistrate,
Rewari and the principles laid down by the Apex Court in
Criminal Appeal No.1393 of 2011 titled as '"Ramawtar Vs. State of Madhya
Pradesh' decided on 25.10.2021; LL 2021 SC 589 and this Court in 'Sube
Singh and another Vs. State of Haryana and another' ; 2013(4) RCR
(Criminal) 102, the instant Revision Petition is allowed and the FIR
SURESH KUMAR
2023.06.02 18:08
| attest to the accuracy and
integrity of this document
{2023:PHHC:080522}
CRR-1780-2017 (O&M)
No.49 dt.30.05.2010 registered under Sections 148, 149, 323, 325, 506 IPC
at Police Station Rohrai, District Rewari and all consequential proceedings
arising therefrom including judgment of conviction/order of sentence dated
19/20.10.2015 passed by leaned Judicial Magistrate 1st Class, Kosli, are
quashed.
6. Needless to say the parties shall remain bound by the terms of
compromise and their statements recorded before the Court below.
| MANJARI NEHRU KAUL ]
JUDGE
June 1, 2023
Ess Kay
Whether speaking / reasoned : Yes /No.
Whether Reportable : Yes/No
SURESH KUMAR
2023.06.02 18:08
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integrity of this document
