2024 Supreme(Online)(P&H) 8991
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JOGINDER KUMAR AND ANOTHER – Appellant
Versus
STATE OF HARYANA AND ANOTHER – Respondent
286 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH Date of Decision: 20.02.2025 JOGINDER KUMAR AND ANOTHER …Petitioners V/S STATE OF HARYANA AND ANOTHER …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Jyoti Chahal, Advocate for the petitioners.
Mr. Harkesh Kumar, AAG Haryana.
Mr. Ravi Ambawata, Advocate for respondent No. 2.
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HARPREET SINGH BRAR J. (Oral)
1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.26 dated 08.03.2024 under Sections 323/34/387/394/427/452/506 of Indian Penal Code registered at Police Station City Kanina District Mahendergarh (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise deed dated 12.03.2024 (Annexure P-2).
2. The following order was passed on 20.03.2024:
“This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.26 dated 08.03.2024 under Sections 323/34/387/394/427/452/506 of IPC registered at Police Station City Kanina District Mahendergarh (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise deed dated 12.03.2024 (Annexure P-2).
Notice of motion for 20.04.2024.
At this stage, on the asking of the Court, Ms.
Geeta Sharma, DAG, Haryana accepts notice on behalf of respondent No.1-State and Mr. Ravi Ambawata, Advocate accepts notice for respondent No.2 and files his power of attorney and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day.
Service is complete.
In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 20.04.2024.
A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.”
3. In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.
4. In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 this petition is allowed and FIR No.26 dated 08.03.2024 under Sections 323/34/387/394/427/452/506 of Indian Penal Code registered at Police Station City Kanina District Mahendergarh (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners.
(HARPREET SINGH BRAR)
20.02.2025 JUDGE
Ajay Goswami