Punjab-Haryana High Court
Raj Kumar And Others vs State Of Haryana And Another on 2 September, 2024
JYOTI THAKUR
2024.09.04 09:16
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IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
269 CRM-M-23797-2022
Date of Decision: 02.09.2024
Raj Kumarandothers eee Petitioners
Versus
StateofHaryanaandanother lee Respondents
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH
Present:- | Mr. Mohinder Singh Kathuria, Advocate,
for the petitioners.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. Paras Choudhary, Advocate,
for respondent No.2.
3K 2K 2k ok ok
GURBIR SINGH, J.(Oral)
1. The present petition has been filed under Section 482 Cr.P.C.
for quashing of FIR No.180 dated 26.04.2022, under Sections 148, 149,
323, 324, 379-B (deleted later on), 452 & 506 of IPC, 1860, registered at
Police Station Babain, District Kurukshetra (Annexure P-1) and all
subsequent on the basis of compromise dated 16.05.2022 (Annexure P-2).
2. This Court, vide order dated 27.05.2022 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.
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JYOTI THAKUR
2024.09.04 09:16
3. In compliance thereof, reports dated 05.07.2022 and
11.07.2024 from learned Judicial Magistrate Ist Class, Shahabad, have
been received through the District & Sessions Judge, Kurukshetra, 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.
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
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Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others
(2012) 10 SCC 303, this petition is allowed and FIR No.180 dated
26.04.2022, under Sections 148, 149, 323, 324, 379-B (deleted later on),
452 & 506 of IPC, 1860, registered at Police Station Babain, District
Kurukshetra (Annexure P-1) and all subsequent proceedings arising
therefrom are quashed qua the petitioners on the basis of compromise dated
16.05.2022 (Annexure P-2).
(GURBIR SINGH)
02.09.2024 JUDGE
Jyoti Thakur
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
JYOTI THAKUR
2024.09.04 09:16
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integrity of this order/judgement
