332(3) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-4208-2024 Date of decision:28.01.2025 CHARANJEET KAUR AND OTHERS ...Petitioners VERSUS STATE OF HARYANA AND OTHERS ...Respondents CORAM: HON'BLE MR.JUSTICE KARAMJIT SINGH Present: Mr. Munish Kumar Garg, Advocate and Mr. Yuwan Singla, Advocate for the petitioners.

Mr. Tanuj Sharma, Asstt.A.G., Haryana.

Mr. Tanuj Goyal Tohana, Advocate for respondents No.2 & 3 *****

KARAMJIT SINGH , J. (Oral)

Prayer in this petition is for quashing of FIR No. 155 dated

27.06.2023 registered under Sections 148, 149, 307, 323 and 435 of IPC and Section 25 of Arms Act, 1959 at Police Station Sadar Tohana, District Fatehabad on the basis of compromise.

2. The above stated FIR was registered on the statement of the complainant/respondent No.2-Vakil against the petitioners.

3. On notice of motion, respondents No.2 & 3 appeared in the Court through their counsel and pleaded that they have no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.

4. 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.

5. In compliance thereof, report from the Court of Sub Divisional Judicial Magistrate, Tohana 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.

6. I have heard learned counsel for the parties.

7. Learned counsel for the petitioners and for respondents No.2 & 3 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.

8. In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amount to abuse of process of law.

9. 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 Court in Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No. 155 dated 27.06.2023 registered under Sections 148, 149, 307, 323 and 435 of IPC and Section 25 of Arms Act, 1959 at Police Station Sadar Tohana, District Fatehabad and all the subsequent proceedings are hereby quashed qua the present petitioners.

(KARAMJIT SINGH)

28.01.2025 JUDGE

Priyanka Thakur

Whether speaking/reasoned : Yes No

Whether Reportable : Yes No