IN THE COURT OF PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. M-6134 of 2013 Date of Decision: 8.8.2013 [ENTITY] & Ors. Petitioners Versus [ENTITY] & Anr. Respondents
CORAM: HON'BLE MS. JUSTICE [ENTITY] Present:- Mr. [ENTITY], Advocate, for the petitioners.
Mr. [ENTITY], DAG, Haryana . Mr. [ENTITY], Advocate, for respondent No.2. [ENTITY], J
Quashing of FIR No.48 dated 23.01.2013 under [SECTION] [ACT], registered at Police Station, Baldev Nagar, Distt. Ambala (Annexure P1) is being sought on the basis of compromise dated 14.2.2013 (Annexure P-2).
The FIR was registered on the statement made by complainant-[ENTITY] with the allegation that on 21.1.2013, he had gone to a birthday party hosted by his class fellow [ENTITY] at Handi restaurant above Aryans Gift Gallery, Prem Nagar, Ambala City. At the party, [ENTITY] and his friends along with his elder brother [ENTITY] and his friends were also there. Party was going on and the complainant kept his phone on the couch and one of [ENTITY]'s friend picked it and threw it away. When the complainant asked the reason for doing so, then he started abusing him and his other friends also joined him and were eager to fight with him. But [ENTITY] and [ENTITY] intervened and separated them. Thereafter, the complainant along with his friend [ENTITY] picked his bike and was leaving, but suddenly 5-6 friends of [ENTITY] also came down, who had scuffle with him and abused him. Then, they caught them and hit him with black rod and broke his front teeth and he got injury on his lips and one of them hit him from behind on his head and other gave kicks-blows to him. After raising noise, [ENTITY] and [ENTITY] came down and saved him from them. In this background, the above- said FIR was registered.
During the pendency of trial, a compromise has been effected between the parties on 14.2.2013 (Annexure P-2).
In compliance of the order dated 29.5.2013, status report dated 26.3.2013 has been filed by Chief Judicial Magistrate, Ambala. As per this report, statements of the parties have been recorded to the effect that they have compromised the matter and the compromise is placed on record as Annexure P-2. The complainant also stated that he has no objection if the FIR in the present case is quashed.
In view of the statements of the parties, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings.
Consequently, in view of the above circumstances and in view of the judgment of the Hon'ble Supreme Court in the case of [PRECEDENT] and the law laid down by the Full Bench of this Court in the case of [PRECEDENT], FIR No.48 dated 23.01.2013 under [SECTION] [SECTION] [ACT], registered at Police Station, Baldev Nagar, Distt. Ambala (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioner.
Petition is disposed of.
08.08.2013 ( [ENTITY] ) monika JUDGE