Surender And Ors vs State Of Haryana And Ors
2024 Latest Caselaw 20522 P&H

Punjab-Haryana High Court

Surender And Ors vs State Of Haryana And Ors on 19 November, 2024

                                       Neutral Citation No:=2024:PHHC:151375



CRM-M-43073-2024                -1

277

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                        CRM-M-43073-2024
                                        Date of Decision: 19.11.2024

SURENDER AND ORS
                                                             .....PETITIONERS
                                     VERSUS

STATE OF HARYANA AND ORS

                                                           .....RESPONDENTS

CORAM:- HON'BLE MRS. JUSTICE MANISHA BATRA

Present:    Mr. Saleem Ahmed, Advocate
            for the petitioners.

            Mr. Neeraj Poswal, AAG, Haryana.

            Mr. Aazam Khan Advocate
            for respondent No.2.

MANISHA BATRA, J (ORAL)

The present petition has been filed under Section 528 of B.N.S.S.

for quashing of FIR No.107 dated 24.03.2019 registered under Sections 148,

149, 307, 323, 365, 506 of IPC and Sections 25 Arms Act (later on Sections

365, 307 IPC and Sections 25 Arms Act were deleted) at Police Station Sector

31, Faridabad and all the subsequent proceedings arising therefrom, on the

basis of compromise dated 23.07.2024 (Annexure P-2).

2. This Court vide order dated 03.09.2024 had directed the parties to

appear before the trial Court to get their statements recorded and the learned

Magistrate was directed to send its report qua the genuineness of the

compromise.

3. Pursuant to the aforesaid order, parties have appeared before the

learned Judicial Magistrate 1st Class, Faridabad and got their statements

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Neutral Citation No:=2024:PHHC:151375

CRM-M-43073-2024 -2

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 21.09.2024 to the effect that the compromise has been

effected between the parties voluntarily and without any coercion or undue

influence.

4. Learned State counsel as well as counsel for respondent No.2

have not disputed the factum of compromise between the parties.

5. In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant FIR.

6. 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.107 dated 24.03.2019 registered

under Sections 148, 149, 307, 323, 365, 506 of IPC and Sections 25 Arms Act

(later on Sections 365, 307 IPC and Sections 25 Arms Act were deleted) at

Police Station Sector 31, Faridabad, all subsequent proceedings arising

therefrom on the basis of compromise dated 23.07.2024 (Annexure P-2) are

quashed qua the petitioners.

                                               (MANISHA BATRA)
19.11.2024                                         JUDGE
vipin

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




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