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Sunny And Anr vs State Of Haryana And Others on 7 April, 2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDI GARH

CRM-M-33741-2020
Decided on : 07.04.2021

Sunny and Another ….. Petitioners

Versus

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

for quashing of FIR No.981 dated 20.12.2017 under Sections 406, 498A

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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CRM-M-33741-2020 -2-

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)
JUDGE
07.04.2021
anil

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

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