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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 307 CRM-M-37663-2024 Date of decision: 07.05.2025 Rajesh Saini and others .....Petitioners Versus State of Haryana and another .....Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. Dushyant Rana, Advocate for the petitioners. Mr. Karan Sharma, DAG, Haryana. Ms. Sanchita Jain, Advocate for respondent No.2. **** MANJARI NEHRU KAUL, J. (ORAL)
1. The instant petition is for quashing of FIR No.0334 dated 19.06.2018 under Sections 148, 149, 323, 365, 506 of the Indian Penal Code, 1860 registered at Police Station Yamuna Nagar City, and all consequential proceedings arising out of the same, on the basis of compromise dated 26.02.2024 (Annexure P-2) arrived at, between the parties.
2. Vide order dated 15.10.2024 of this Court, the parties were
directed to appear before the learned trial Court/Illaqa Magistrate on 14.11.2024 to get their statements recorded regarding the compromise arrived at, between them.
3. Report has since been received from learned Judicial Magistrate First Class, Yamuna Nagar at Jagadhri, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived VINAY 2025.05.08 09:32 I attest to the accuracy and authenticity of this
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CRM-M-37663-2024 -2- 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 the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed.
4. In compliance of order dated 06.03.2025, status report by way of affidavit of Kanwaljeet Singh, HPS, Deputy Superintendent of Police (HQ), Yamuna Nagar, on behalf of respondent No.1-State has been filed in the Court today which is taken on record subject to all just exceptions. A copy of the same has been supplied to the counsel opposite.
5. Learned State counsel has drawn the attention of this Court to paragraph 2 of the affidavit and submitted that petitioner No.5-Aman stands acquitted in two out of the three cases which were registered against him earlier and the third case under the Arms Act is now pending for defence evidence. The said affidavit of the State is contrary to the report which was received from the learned Judicial Magistrate First Class, Yamuna Nagar at Jagadhri as per which the parties have indeed compromised the matter.
6. The Trial Court has annexed the statements of the parties in original, alongwith its report.
7. In view of the report of the learned Judicial Magistrate First Class, Yamuna Nagar at Jagadhri and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in VINAY 2025.05.08 09:32 I attest to the accuracy and authenticity of this
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CRM-M-37663-2024 -3- Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed qua petitioners.
8. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 07.05.2025 (MANJARI NEHRU KAUL) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VINAY 2025.05.08 09:32 I attest to the accuracy and authenticity of this
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