Yash Chauhan And Others vs State Of Haryana And Another
2024 Latest Caselaw 14112 P&H

Punjab-Haryana High Court

Yash Chauhan And Others vs State Of Haryana And Another on 7 August, 2024

                                      Neutral Citation No:=2024:PHHC:101589




282         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                    CRM-M-27612-2024
                                                    Date of Decision: 07.08.2024

Yash Chauhan and others                                          ...Petitioners
                                      Versus
State of Haryana and another                                     ...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:    Mr. Sourabh Sheoran, Advocate for the petitioners.

            Mr. Gurmeet Singh, AAG, Haryana.

            Mr. Rajat Sheokand, Advocate for
            Mr. Kushager Goel, Advocate for respondent No.2.

            ***

GURBIR SINGH, J. (ORAL)

1. The present petition has been filed under Section 482 Cr.P.C. for

quashing of FIR No.78 dated 11.04.2024 under Sections 323/365/34 of IPC,

1860, registered at Police Station Ateli, District Mahendergarh (Annexure P-1)

and all subsequent proceedings on the basis of compromise dated 24.05.2024

(Annexure P-2).

2. This Court, vide order dated 29.05.2024 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 11.06.2024 from learned

Judicial Magistrate Ist Class, Narnaul has been received through the District &

Sessions Judge, Narnaul 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.

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Neutral Citation No:=2024:PHHC:101589

4. Learned counsel appearing on behalf of respondent No.2-

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.78 dated 11.04.2024 under Sections

323/365/34 of IPC, 1860, registered at Police Station Ateli, District

Mahendergarh (Annexure P-1) and all subsequent proceedings arising

therefrom are quashed qua the petitioners on the basis of compromise dated

24.05.2024 (Annexure P-2).

                                                               (GURBIR SINGH)
07.08.2024                                                         JUDGE
Parveen kumar
                      Whether speaking/reasoned :Yes/No
                      Whether reportable        :Yes/No




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