Punjab-Haryana High Court
Kuldeep Singh And Others vs State Of Haryana And Another on 13 November, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
CRM-M-45661-2024 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
299
CRM-M-45661-2024
Date of decision: November 13th, 2024
Kuldeep Singh and others
.....Petitioners
Versus
State of Haryana and another
.....Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Ms. Madhu Bala, Advocate
for Mr. Angraze Singh Dhindsa, Advocate
for the petitioners.
Mr. Yuvraj Shandilya, Assistant Advocate General,
Haryana.
Mr. Gurinder Singh, Advocate
for respondent No.2.
MANJARI NEHRU KAUL, J. (ORAL)
Prayer in the instant petition is for quashing of FIR No.123
dated 09.07.2016 under Sections 148, 149, 323 and 324 of the IPC
registered at Police Station Guhla, District Kaithal, along with all
consequential proceedings arising therefrom including judgment dated
11.10.2021 and order of sentence dated 12.10.2021 passed by learned
SDJM, Guhla, District Kaithal, on the basis of compromise dated
30.08.2024 (Annexure P-3).
2. Learned counsel for the petitioners submits that the parties
have arrived at an amicable settlement subsequent to the conviction of
the petitioners vide Annexure P-2. In support of his submissions, he has
placed reliance upon judgment of this Court in Sube Singh and another
Vs. State of Haryana and another 2013(4) RCR (Criminal) 102 and
Hon'ble Supreme Court in Criminal Appeal No.1393 of 2011 titled as
'Ramawtar Vs. State of Madhya Pradesh' decided on 25.10.2021: LL
2021 SC 589, wherein it has been held that the powers of the Court
under Section 482 of the Cr.P.C. can be invoked to quash a
complaint/FIR on the basis of a voluntary compromise even at a post
conviction stage.
3. Vide order dated 13.09.2024 of this Court, the parties
were directed to appear before the Appellate Court on 14.10.2024 to get
their statements recorded regarding the compromise arrived at, between
them.
4. Report has since been received from learned
Additional Sessions Judge, Kaithal, in pursuance of the direction of this
Court, wherein the factum of the compromise arrived at between the
parties stands verified and confirmed. As per the report compromise has
indeed been effected between the parties and the same is without any
pressure or coercion and out of their free will and respondent No.2 has
also made a statement to the effect that he would have no objection if
the FIR qua the petitioners is quashed.
5. The learned Additional Sessions Judge, Kaithal, has
annexed copies of the statements of the parties along with his report.
6. In view of the report of the learned Additional Sessions
Judge, Kaithal, and the principles laid down by the Apex Court in
Criminal Appeal No.1393 of 2011 titled as 'Ramawtar Vs. State of
Madhya Pradesh' decided on 25.10.2021: LL 2021 SC 589 and this
Court in Sube Singh and another Vs. State of Haryana and another :
2013(4) RCR (Criminal) 102, the instant petition is allowed.
The aforesaid FIR and all consequential proceedings arising therefrom
including judgment of conviction dated 11.10.2021 and order of
sentence dated 12.10.2021 passed by leaned SDJM, Guhla,
District Kaithal, are quashed.
7. Needless to say the parties shall remain bound by the terms
of compromise and their statements recorded before the Court below.
November 13th, 2024 (MANJARI NEHRU KAUL)
Puneet JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
