Punjab-Haryana High Court
Shubham Kumar Alias Subham Kumar And ... vs State Of Haryana And Others on 29 April, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
Neutral Citation No:=2024:PHHC:057974
2024:PHHC:057974
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
306
CRM-M-8649-2024
Date of decision: 29.04.2024
Shubham Kumar @ Subham Kumar and others .....Petitioners
Versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present : Mr. Gurpreet Jayia, Advocate for
Mr. N.C. Manchanda, Advocate
for the petitioners.
Ms. Trishanjali Sharma, DAG, Haryana.
Mr. Maman Khetarpal, Advocate for
Mr. Shauray Dua, Advocate
for respondent No.2.
****
MANJARI NEHRU KAUL, J. (ORAL)
1. Prayer in the instant petition is for quashing of FIR No.74
dated 09.04.2017 under Sections 148, 149, 294, 323, 452 and 506 read
with Section 34 of the IPC registered at Police Station Kalayat and
Section 325 of the IPC added lateron along with all consequential
proceedings arising therefrom including judgment/order of conviction
dated 01.12.2022/02.12.2022 passed by JMIC, Kaithal on the basis of
compromise dated 24.12.2022 (Annexure P-5) and for compounding of
offences accordingly.
2. Learned counsel for the petitioners submits that the parties
have arrived at an amicable settlement subsequent to the conviction of
the petitioners in above mentioned case FIR. In support of his
submissions, he has placed reliance upon judgment of this Court in
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Neutral Citation No:=2024:PHHC:057974
2024:PHHC:057974
Sube Singh and another Vs. State of Haryana and another : 2013(4)
RCR (Criminal) 102 and Hon'ble Supreme 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 wherein it has been held that
the powers of the Court under Section 482 of the Cr.P.C. can be
invoked to quash a complaint/FIR on the basis of a voluntary
compromise even at the post conviction stage.
3. Vide order dated 26.02.2024 of this Court, the parties were
directed to appear before the Lower Appellate Court on 22.03.2024 to
get their statements recorded regarding the compromise arrived at,
between them.
4. Report has since been received from learned Additional
District and Sessions Judge, Kaithal, in pursuance of the direction of
this Court, wherein, the factum of the compromise arrived at between
the parties stands verified and confirmed. As per the 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 respondents No.2
to 4 have also made statement to the effect that they would have no
objection if the FIR qua the petitioners is quashed.
5. The learned Additional District and Sessions Judge,
Kaithal has annexed statements of the parties in original alongwith his
report.
6. In view of the report of the learned Additional District and
Sessions Judge, Kaithal and the principles laid down by the Apex Court
in Criminal Appeal No.1393 of 2011 titled as 'Ramawtar Vs. State of
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Neutral Citation No:=2024:PHHC:057974
2024:PHHC:057974
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 petition is allowed. The
aforesaid FIR and all consequential proceedings arising therefrom
including judgment/order of conviction dated 01.12.2022/02.12.2022
passed by JMIC, Kaithal, are quashed qua the petitioners.
7. Needless to say the parties shall remain bound by the terms
of compromise and their statements recorded before the Court below.
29.04.2024 (MANJARI NEHRU KAUL)
Vinay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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