Sanjeev And Others vs State Of Haryana And Another
2024 Latest Caselaw 19342 P&H

Punjab-Haryana High Court

Sanjeev And Others vs State Of Haryana And Another on 4 November, 2024

                                      Neutral Citation No:=2024:PHHC:143311




305         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                    CRM-M-30823-2024
                                                    Date of Decision: 04.11.2024

Sanjeev and others                                               ...Petitioners
                                      Versus
State of Haryana and another                                     ...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:    Mr. Shokeen Singh Verma, Advocate for the petitioners.

            Mr. Gurmeet Singh, AAG, Haryana.

            Ms. Rajni Bala Rohilla, 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.232 dated 17.06.2024, under Sections 323, 34, 452 and

506 IPC registered at Police Station Sector-5, Gurgaon, District Gurugram

(Annexure P-1) and all subsequent proceedings on the basis of compromise

dated 21.06.2024 (Annexure P-2).

2. This Court, vide order dated 01.07.2024 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 28.10.2024 from learned

Judicial Magistrate Ist Class, Gurugram has been received through the District

& Sessions Judge, Gurugram 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:143311

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.232 dated 17.06.2024, under Sections 323,

34, 452 and 506 IPC registered at Police Station Sector-5, Gurgaon, District

Gurugram (Annexure P-1) and all subsequent proceedings arising therefrom

are quashed qua the petitioners on the basis of compromise dated 21.06.2024

(Annexure P-2).

                                                        (GURBIR SINGH)
04.11.2024                                                  JUDGE
Parveen kumar


                      Whether speaking/reasoned :Yes/No
                      Whether reportable        :Yes/No




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