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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Decided on : 07.04.2021
Sunny and Another ….. Petitioners
State of Haryana anr. …… Respondents
CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present : Mr.Ajay Arora Bharti, Advocate,for the petitioners.
Mr.Rajiv Goel, DAG, Haryana.
Manjari Nehru Kaul, J.
The instant petition has been filed under Section 482 Cr.PC
IPC (Section 34 IPC added later on), registered at Police Station Sirsa
City and all the consequential proceedings arising out of the same, on the
basis of compromise deed dated 17.03.2020 (Annexure P-1) arrived at,
between the parties.
Vide order dated 29.01.2021 of this Court, the parties were
directed to appear before the learned trial Court/Illaqa Magistrate on
25.02.2021 to get their statements recorded regarding the compromise
arrived at, between them.
Report dated 25.02.2021 has since been received from the
learned Chief Judicial Magistrate, Sirsa, in pursuance to the direction of
this Court. 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. The trial Court has annexed the statements of the
parties in original alongwith its report.
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Learned State counsel also submits that there are no other
accused other than the petitioners and respondents No.2 and 3 are the
only aggrieved persons in the FIR in question.
In view of the report of the learned CJM, Sirsa and the
principles laid down by the Apex Court in Gian SinghVs. State of Punjab
and others (2012) 10 SCC 303, and also by the Full Bench of this Court
in 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.
Needless to say the parties shall remain bound by the terms
of compromise and their statements recorded before the Court below.
(MANJARI NEHRU KAUL)
Whether speaking/reasoned : Yes/No
Whether reportable Yes/No
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