Allowed

Krishan Kumar and Ors. v. State of Haryana and Others

Punjab & Haryana HC25 Mar 2021CRM-M/1906/2021

Case brief

AI extract

What is this about?

This single-judge criminal revision petition sought quashing of an FIR under Section 482 CrPC on grounds of a genuine compromise. The High Court accepted the compromise report and held that continuance of prosecution was futile, thereby quashing the FIR and subsequent proceedings.

What did the court decide?

FIR No.177 dated 13.05.2015 registered under Sections 147, 149, 452, 323, 506 IPC and all subsequent proceedings are quashed qua petitioners.

Krishan Kumar and Ors. Vs State of Haryana and… — Quashing and FIR | Punjab & Haryana HC (2021)

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CRM-M No.1906 of 2021 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No.1906 of 2021 (O&M) Date of Decision:25.03.2021

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Krishan Kumar and others

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...Petitioners

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Versus

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State of Haryana and others ...Respondents

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CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

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Present:Mr. Lalit Pardhan, Advocate for the petitioners.

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Mr. P.P. Chahar, DAG, Haryana.

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Mr. Lajpat Sharma, Advocate for respondents No.2 and 3.

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JAISHREE THAKUR, J. (ORAL)

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This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.177 dated 13.05.2015 registered under Sections 147, 149, 452, 323, 506 IPC registered at Police Station Kanina, District Mahendergarh (Annexure P-1) and all subsequent proceedings arising therefrom in view of the compromise/affidavit dated 30.12.2020 (Annexure P-2 & P-3).

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The FIR has been registered on the statement of complainant on the allegations that the accused-petitioners caused injuries to her by giving beatings and threatened to kill her. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.

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Keeping in view the fact that the parties have entered into a

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PANKAJ KUMAR 2021.03.26 16:51 I attest to the accuracy and integrity of this document

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CRM-M No.1906 of 2021 (O&M)

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compromise, they were directed to appear before the trial court/Illaqa Magistrate for getting their statements recorded in support of the compromise. In pursuance of the direction, a report has been received from Sub Divisional Judicial Magistrate, Kanina stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

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Learned Deputy Advocate General, Haryana on instructions from the Investigating Officer and learned counsel for the complainantrespondent No.2 & 3 admit the factum of compromise and the counsel for the respondent-State submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR, in view of the law laid down by the Hon'ble Supreme Court.

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I have heard learned counsel for the parties and have gone through the record.

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In a decision, based on compromise, none of the parties is a loser. Rather, a compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

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Consequently, keeping in view the fact that the dispute has been amicably settled and in view of the law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 , this petition is allowed and FIR No.177 dated

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PANKAJ KUMAR 2021.03.26 16:51 I attest to the accuracy and integrity of this document

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CRM-M No.1906 of 2021 (O&M)

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13.05.2015 registered under Sections 147, 149, 452, 323, 506 IPC registered at Police Station Kanina, District Mahendergarh (Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua petitioners.

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March 25, 2021 (JAISHREE THAKUR) Pankaj* JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No

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PANKAJ KUMAR 2021.03.26 16:51 I attest to the accuracy and integrity of this document

Krishan Kumar and Ors. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Krishan Kumar and Ors. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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