Aakash Kumar And Others vs State Of Haryana And Another
2024 Latest Caselaw 5109 P&H

Punjab-Haryana High Court

Aakash Kumar And Others vs State Of Haryana And Another on 6 March, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                                             2024:PHHC: 032326
                                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                    CHANDIGARH
             283                                                            CRM-M-32234-2023
                                                                      Date of decision: 06.03.2024

             AAKASH KUMAR & ORS.                                              .... PETITIONER(S)
                                      VERSUS
             STATE OF HARYANA AND ANOTHER                                     ...RESPONDENT(S)

             CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

             Present:                 Mr. Shantanu Bansal, Advocate
                                      for the petitioner(s).

                                      Mr. Rajiv Goel, DAG, Haryana.

                                      Mr. Raj Kumar Rana, Advocate
                                      for respondent No.2.

                       ****
             JASJIT SINGH BEDI, J. (Oral)

The prayer in this petition is for quashing of an FIR No.425

dated 03.10.2021 registered under Sections 147, 149, 323, 506 of the IPC,

1860 at Police Station Ambala Cantt., District Ambala (Annexure P-1) along

with all consequential proceedings arising therefrom on the basis of a

compromise arrived at between the petitioner and respondent No.2.

Vide order dated 18.10.2023 this Court had directed the parties

to appear before Illaqa Magistrate for getting their statements recorded with

regard to the compromise dated 03.06.2023 (Annexure P-2).

The Illaqa Magistrate/trial Court was to submit a report in this

regard giving certain details as enumerated in the said order.

Pursuant to the order dated 18.10.2023 passed by this Court, the

parties have appeared before the learned Additional Chief Judicial

Magistrate, Ambala and as per the report dated 04.01.2024 submitted to this

authenticity of this order/judgment Punjab & Haryana High Court, CHD

Court, both the parties have got recorded their respective statements in

Court.

A perusal of the aforesaid report would show that the parties

have effected a genuine compromise without there being any pressure,

coercion or undue influence. In view of the compromise there is a remote

possibility of the complaint coming forward to support the prosecution case.

The powers under Section 482 Cr.PC can be exercised in such like situation

in order to prevent unnecessary vagaries of criminal trial to be faced by the

parties, when there are remote chances of conviction of the accused. The

compromise in question is found to be fully in consonance with the direction

issued by the Court in "Kulwinder Singh & Ors. Vs. State of Punjab

2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr.,

2012(4) RCR (Crl.) 543".

In view of the aforesaid report of the learned Additional Chief

Judicial Magistrate, Ambala accompanied by statements of both the parties,

theFIR No.425 dated 03.10.2021 registered under Sections 147, 149, 323,

506 of the IPC, 1860 at Police Station Ambala Cantt., District Ambala

(Annexure P-1) along with all consequential proceedings arising therefrom

are hereby quashed qua the petitioners.

Petition stands disposed of.

                                                                       (JASJIT SINGH BEDI)
                                                                            JUDGE
             06.03.2024
             Kusum


                                      Whether speaking/reasoned        Yes/No
                                      Whether Reportable               Yes/No



authenticity of this order/judgment
Punjab & Haryana High Court, CHD