CRM-M-43753 of 2015 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43753 of 2015 Date of decision: 11.03.2016 [ENTITY] and another Petitioner (s) V/s [ENTITY] & another Respondent(s) CORAM:- HON'BLE MR. JUSTICE [ENTITY] 1. Whether reporters of local newspapers may be allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present:- Mr. [ENTITY], Advocate for the petitioners. Mr.[ENTITY], DAG, Haryana. Mr. [ENTITY], Advocate for Mr. [ENTITY], Advocate for respondent No.2/complainant. [ENTITY], J.(Oral)
Prayer in this petition is for quashing of FIR No.199 dated 2.7.2012 under [SECTION] and [SECTION] read with [SECTION] [ACT] registered at Police Station, Faridabad Kotwali, District Faridabad (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 20.04.2015 (Annexure P-2).
This Court vide order dated 23.12.2015 had directed the parties to appear before the trial Court to get their statements recorded with regard to compromise and the trial Court was directed to submit its report about the genuiness of the compromise.
Pursuant to the aforesaid order dated 23.12.2015, the parties have appeared before learned Judicial Magistrate Ist Class, Faridabad and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has forwarded her report dated 22.01.2016 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 suffered by the complainant-respondent No.2, namely, [ENTITY], before the Magistrate on 18.01.2016, reads as under:-
"Stated that the present FIR was lodged on my complaint. Now, I have compromised the matter with accused persons namely [ENTITY] and [ENTITY]. The compromise has taken place voluntarily. I have no objection if the present FIR may be quashed."
Mr. [ENTITY], Advocate, has put in appearance on behalf of Mr. [ENTITY], Advocate for respondent No.2/complainant and filed Power of Attorney, which is taken on record. He admits the factum of compromise effected between the parties.
Learned counsel for the State also does not dispute the factum of compromise effected between the parties.
Accordingly, following the principles laid down by the Full Bench judgment of this Court in [PRECEDENT], as approved by the Hon'ble Supreme Court in [PRECEDENT], this petition is allowed and FIR No.199 dated 2.7.2012 under [SECTION] and [SECTION] read with [SECTION] [ACT] registered at Police Station, Faridabad Kotwali, District Faridabad (Annexure P-1) and all other consequential proceedings arising therefrom, qua the petitioners, are quashed, in view of the compromise dated 20.04.2015 (Annexure P-2).
11.03.2016 [[ENTITY]] Anjal JUDGE