Punjab-Haryana High Court
Bhalle Ram And Another vs State Of Haryana And Another on 13 March, 2024
Neutral Citation No:=2024:PHHC:036308
2024:PHHC:036308
CRM-M-6406-2024 1
270 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-6406-2024 (O&M)
Date of Decision: 13.03.2024
BHALLE RAM AND ANOTHER
...Petitioners
V/S
STATE OF HARYANA AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Rishabh Jain, Advocate for
Mr. Man Mohan, Advocate
for the petitioners.
Mr. Vikas Bhardwaj, AAG Haryana.
****
HARPREET SINGH BRAR J. (Oral)
1. This petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashing of FIR No. 113 dated 05.06.2016
registered under Sections 323, 325, 341, 506 and 34 of Indian Penal Code at
Police Station Bawani Khera, District Bhiwani and all subsequent
proceedings arising therefrom including the judgment of conviction dated
05.12.2022 and order of sentence dated 08.12.2022 passed by learned
Judicial Magistrate Ist Class, Bhiwani, in view of the compromise dated
04.01.2024 (Annexure P-6).
2. The following order was passed on 07.02.02024:
"The present petition has been filed under
Section 482 Cr.P.C. seeking quashing of FIR No. 113 dated
05.06.2016 under Sections 323, 325, 341, 506, 34 of Indian
Penal Code registered at Police Station Bawani Khera,
District Bhiwani (Annexure P-1) and all subsequent
proceedings arising therefrom including the judgment of
conviction dated 05.12.2022 and order of sentence dated
08.12.2022 passed by learned Chief Judicial Magistrate,
Bhiwani on the basis of compromise dated 04.01.2024
(Annexure P-6).
1 of 3
Neutral Citation No:=2024:PHHC:036308
2024:PHHC:036308
Learned counsel for the petitioners relies upon Ram
Gopal and another vs. State of Madhya Pradesh, 2021 SCC
Online SC 834 to contend that even after the conviction of the
accused the proceedings can be quashed on the basis of
compromise during the pendency of the appeal.
Notice of motion.
At this stage, on the asking of the Court Ms. Geeta
Sharma, DAG Haryana accepts notice on behalf of respondent
No.1-State and Ms. Mehak Sawhney, Advocate accepts notice on
behalf of respondent No. 2 and files her Power of Attorney and
admits to the factum of compromise. Copy of the paper book be
supplied to them during the course of day.
Service is complete.
The parties are directed to appear before the learned
trial Court/Illaqa Magistrate within two weeks or any other date
convenient to concerned Court to get their statements recorded
regarding compromise and after recording their statements,
learned trial Court/Illaqa Magistrate is directed to send report
regarding the genuineness of compromise and also to intimate
whether any PO proceedings are pending against any of the
petitioners on or before the date fixed i.e. 13.03.2024.
A copy of the order be sent to the learned trial
Court/Illaqa Magistrate through fax for compliance."
3. In compliance of the aforesaid order, a report has been received
from the concerned jurisdictional Court that the compromise between the
parties is genuine and arrived at without any pressure or coercion from
anyone.
4. In view of the compromise and the ratio of law laid down by the
Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab
and another, (2014) 6 SCC 466, Ramgopal and another Vs. State of
Madhya Pradesh 2021 SCC OnLine SC 834 and Shakuntala Sawhney
(Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench
of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR
(Crl.) 1052, this petition is allowed and FIR No. 113 dated 05.06.2016
2 of 3
Neutral Citation No:=2024:PHHC:036308
2024:PHHC:036308
registered under Sections 323, 325, 341, 506 and 34 of Indian Penal Code at
Police Station Bawani Khera, District Bhiwani and all subsequent
proceedings arising therefrom including the judgment of conviction dated
05.12.2022 and order of sentence dated 08.12.2022 passed by learned
Judicial Magistrate Ist Class, Bhiwani are quashed, qua the petitioners.
(HARPREET SINGH BRAR)
13.03.2024 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:036308
3 of 3
