Punjab-Haryana High Court
Joni Alias Rohit And Others vs State Of Haryana And Others on 21 November, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:153555
CRM-M-46537-2024 :1:
265 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-46537-2024
Date of decision:21.11.2024
JONI ALIAS ROHIT AND OTHERS
...Petitioners
VERSUS
STATE OF HARYANA AND OTHERS
...Respondents
CORAM: HON'BLE MR.JUSTICE KARAMJIT SINGH
Present: Mr. Vikalp Hooda, Advocate for the petitioners.
Mr. Karan Garg, AAG, Haryana.
Mr. Rupender Hooda, Advocate and
Mr. Sumit Singh, Advocate for respondents No.2 to 4.
*****
KARAMJIT SINGH, J. (Oral)
Prayer in this petition is for quashing of FIR No.430 dated
06.09.2018 registered under Sections 307, 341, 34, 506 of IPC and
Section 25 of Arms Act at Police Station Beri, District Jhajjar and all the
subsequent proceedings arising therefrom on the basis of compromise.
2. Status report by way of an afffidavit of Anil Kumar, HPS,
Assistant commissioner of Police, Beri, Distt. Jhajjar filed on behalf of
respondent No.1-State is taken on record.
3. The above stated FIR was registered on the statement of the
complainant/respondent No.2-Aman against the petitioners.
4. On notice of motion, respondents No.2 to 4 appeared in the
Court through their counsel and pleaded that they have no objection if the
1 of 4
Neutral Citation No:=2024:PHHC:153555
CRM-M-46537-2024 :2:
FIR in this case is quashed on the basis of the aforesaid compromise
which has been effected between the parties.
5. During the course of preliminary hearing, the trial
Court/Illaqa Magistrate was directed to record the statements of the all
the concerned parties with regard to genuineness and validity or
otherwise of the aforesaid compromise.
6. In compliance thereof, report from the Court of Chief
Judicial Magistrate, Jhajjar along with statements of the parties has been
received, in which, it is mentioned that the compromise is genuine and
there was no undue influence or coercion from any side.
7. I have heard learned counsel for the parties.
8. Learned counsel for the petitioners and for respondents No.2
to 4 are ad idem that in view of the settlement effected between the
parties, the present petition deserves to be accepted. It has also come on
record that the aforesaid compromise is genuine and the parties effected
the same without any undue influence or coercion.
9. It is not disputed that petitioner No.3 at the relevant time was
juvenile and he was held guilty by the Juvenile Justice Board, Jhajjar
vide order dated 13.09.2022. The appeal filed against the said order is
pending in the Court of Additional Sessions Judge, Jhajjar having
CRA-88-2022.
10. Counsel for the parties are having no objection if FIR in
question and all the proceedings arising therefrom including the aforesaid
order dated 13.09.2022 passed by the Juvenile Justice Board, Jhajjar are
quashed.
2 of 4
Neutral Citation No:=2024:PHHC:153555
CRM-M-46537-2024 :3:
11. A Division Bench of this Court in Sube Singh and another
v. State of Haryana and another, 2013(4) RCR(Criminal) 102 allowed
the compromise quashing petition and quashed the FIR as well as all the
subsequent proceedings thereof including judgment and order passed by
the Court of Additional Chief Judicial Magistrate whereby the accused
persons were convicted and sentenced to imprisonment and further held
that the appeal preferred by the accused persons against the aforesaid
judgment and order has been rendered infructuous.
12. Recently the Hon'ble Apex Court in Criminal Appeal
No.1393 of 2011 titled as Ramawatar v. State of Madhya Pradesh
decided on 25.10.2021 quashed all the proceedings including judgment
and order of conviction and sentence passed by the trial Court against
which the appeal was pending in the High Court, on the basis of the
compromise effected between the parties.
13. In the case in hand, the parties have effected compromise. In
view of the compromise, respondents No.2 to 4 does not want to take any
further action against the petitioners. I am of the view that the aforesaid
compromise is in the welfare and interest of the parties and will enable
the parties to live in peace and enjoy their life in a dignified manner. So,
no fruitful purpose would be served by keeping the proceedings pending
on the basis of impugned FIR including the proceedings before the
Appellate Court.
14. For the reasons aforestated and having regard to the law laid
down by Hon'ble Apex Court in Gian Singh v. State of Punjab and
another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this
3 of 4
Neutral Citation No:=2024:PHHC:153555
CRM-M-46537-2024 :4:
Court in Kulwinder Singh and others v. State of Punjab and another,
2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.430
dated 06.09.2018 registered under Sections 307, 341, 34, 506 of IPC
and Section 25 of Arms Act at Police Station Beri, District Jhajjar and
order dated 13.09.2022 passed by Juvenile Justice Board, Jhajjar and all
the subsequent proceedings are hereby quashed qua the present
petitioners.
15. Resultantly, the appeal preferred by petitioner No.3 against
order dated 13.09.2022 passed by Juvenile Justice Board, Jhajjar would
be rendered infructuous.
16. The present petition stands allowed in aforesaid terms.
(KARAMJIT SINGH)
21.11.2024 JUDGE
Priyanka Thakur
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
4 of 4
