Citation : 2024 Latest Caselaw 6338 P&H
Judgement Date : 20 March, 2024
2024:PHHC:040479
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-32843-2023 (O&M)
Date of Decision:- 20.03.2024
Satish Kumar and another ... Petitioners
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Anupal Singh Tanwar, Advocate for
Mr. Abhimanyu Singh, Advocate, for the petitioners.
Mr. Ramender Singh Chauhan, AAG, Haryana.
Mr. Rahul Noorie, Advocate, for respondent No.2.
*****
GURVINDER SINGH GILL, J. (Oral)
1. Petitioners-Satish Kumar and Subhash Chander have approached this
Court seeking quashing of FIR No.51 dated 19.02.2020, Police
Station Khedki Daula, District Gurugram under Sections 365, 379-A,
506 IPC (Sections 365 and 379-A IPC deleted and Section 323 IPC
added later on), and all subsequent proceedings emanating therefrom
on the basis of a compromise having been effected between the
parties.
2. Vide order dated 19.09.2023, the parties had been directed to appear
before the trial Court/Illaqa Magistrate so as to get their statements
recorded qua the factum of compromise.
integrity of this order/judgment CRM-M-32843-2023 (O&M) -2- 2024:PHHC:040479
3. Report of learned Judicial Magistrate 1st Class, Gurugram, has been
received, wherein it has been reported that the statement of
petitioners/accused Satish Kumar, Subhash Chander and
complainant/victim Rajnath Yadav and Anil Yadav have been
recorded to the effect that they have compromised the matter amongst
themselves.
4. The complainant/victim Rajnath Yadav and Anil Yadav in their
statement had stated that they have no objection in case the FIR in
question is quashed.
5. The learned Judicial Magistrate 1st Class, Gurugram, has specifically
opined that the parties have entered into compromise voluntarily
without there being any pressure, coercion or undue influence.
6. In view of the aforesaid compromise and bearing in mind the law laid
down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052
Kulwinder Singh and others Vs. State of Punjab, the present petition
is allowed and FIR No.51 dated 19.02.2020, Police Station Khedki
Daula, District Gurugram under Sections 365, 379-A, 506 IPC
(Sections 365 and 379-A IPC deleted and Section 323 IPC added later
on) and all subsequent proceedings emanating therefrom are hereby
quashed qua the petitioners.
20.03.2024 (GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
integrity of this order/judgment
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