[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRM-M-41547 of 2015 [ENTITY] and another Petitioners Versus [ENTITY] and another Respondents AND (2) CRM-M-5282 of 2016 [ENTITY] and others Petitioners Versus [ENTITY] and another Respondents Date of Decision: 16.12.2016 CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate for the petitioners. in both cases. Mr.[ENTITY], DAG, Haryana. Mr. [ENTITY], Advocate for respondent No.2 in both cases. [ENTITY], J. (ORAL)
This order shall dispose of CRM-M-41547 of 2015, titled '[ENTITY] and others vs. [ENTITY] and others' and CRM- M-5282 of 2016, titled '[ENTITY] and others vs. [ENTITY] and others' as prayer in both the petitions is for quashing of FIR No.346 dated 27.10.2015 for offence punishable under [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], registered at Police Station Civil Lines, District [ENTITY](Annexure P-1) and all the For Subsequent orders see [CASE NUMBER], [CASE NUMBER], and 1 more.
1 of 4 consequential proceedings arising therefrom on the basis of compromise deed dated 03.11.2015.
This Court vide order dated 08.12.2015 had directed the parties to appear before the learned Chief Judicial Magistrate, [ENTITY] on 17.12.2015 to get their statements recorded with regard to compromise and the learned Magistrate was directed to submit a detailed report about the genuineness of the compromise alongwith copies of the statements of parties so recorded.
Pursuant to the aforesaid order dated 08.12.2015, the parties have appeared before learned Chief Judicial Magistrate, [ENTITY] and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has forwarded report dated 18.01.2016 to the effect that the parties have willfully settled their differences and reached at a bona fide compromise without any pressure and the same is genuine.
The statement made by complainant-respondent No.2-[ENTITY] wife of [ENTITY] before the learned Magistrate on 08.01.2016, reads as under:-
"Stated that in the present case, a compromise has been effected between me an all the accused namely [ENTITY]) son of Sh. Ravi Parkash Gupta, [ENTITY] wife of [ENTITY], both residents of Professer Colony, [ENTITY], Naresh son of Amrit Lal resident of Village Ujhana, Distt. Jind, Balram son of Ramchander, Tarsem son of Shamsher [ENTITY], [ENTITY] son of Karambir [ENTITY], all residents of Village Phulian Khurd, Distt. Jind, Gurdayal son of Jarnail [ENTITY] resident of Kanha Khera, Distt. Jind, [ENTITY] son of Rampal resident of Gali No.5 Friends Colony, Karnal Road, For Subsequent orders see [CASE NUMBER], [CASE NUMBER], and 1 more.
2 of 4 [ENTITY] and [ENTITY] son of [ENTITY] resident of Kamal Wala, P.S. Tohana, Distt. Fatehabad in [CASE NUMBER] dated 27.10.2015 under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] P.S. Civil Lines, [ENTITY] without any pressure, coercion or undue influence. The said compromise has been effected to maintain peace and harmony between the parties with free state of mind. As per the compromise I have no objection if [CASE NUMBER] dated 27.10.2015 under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] P.S. Civil Lines, [ENTITY] and all the subsequent proceedings thereto is quashed by the Hon'ble High Court of Punjab and Haryana at Chandigarh in [CASE NUMBER]."
Apart from the statement made by complainant-respondent No.2-[ENTITY], whereby she has shown no objection to the FIR being quashed, there is nothing on record to doubt the genuineness of the compromise, as arrived between the parties. Thus, no useful purpose would be served to continue with the proceedings in the instant FIR.
Learned counsel State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise entered between the parties.
Accordingly, following the principles laid down by the Full Bench judgment of this Court in Kulwinder [ENTITY] and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 (P&H), as approved by the Hon'ble Supreme Court in Gian [ENTITY] vs. State of Punjab and others, (2012)10 SCC 303, both the petitions are allowed and FIR No.346 dated 27.10.2015 for offence punishable under [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], registered at Police Station Civil Lines, District [ENTITY](Annexure P-1), and all other For Subsequent orders see [CASE NUMBER], [CASE NUMBER], and 1 more.
3 of 4 subsequent proceedings arising out of the said FIR are quashed qua all the petitioners in both cases on the basis of compromise.
([ENTITY]) 16.12.2016 JUDGE [ENTITY] Whether speaking/reasoned? Yes Whether reportable? Yes/No
For Subsequent orders see [CASE NUMBER], [CASE NUMBER], and 1 more.
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