Joginder Singh and Others - Petitioners @HASH State of Haryana and Another

Hari Pal Verma, J. (Oral)—CRM-39261-2016

Prayer in this application filed under Section 482 Cr.P.C. is for preponing the date of hearing of the main petition.

For the reasons stated in the application, the same is allowed and the date of hearing of the main case which is fixed for 16.01.2017 is preponed and the case is taken on board for hearing today itself.

CRM-M-41180-2016

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.242 dated 03.09.2015 under Sections 423/447/506/120-B IPC, registered at Police Station Kalanwali, District Sirsa (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise dated 04.11.2016 (Annexure P-2).

This Court vide order dated 18.11.2016 had directed the parties to appear before the Illaqa Magistrate/trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate Ist Class, Dabwali and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 13.12.2016 to the effect that the compromise effected between parties is genuine, voluntary and without any coercion or undue influence.

Respondent No.2-complainant, namely, Mohan Singh has made his statement with regard to compromise before learned Magistrate on 30.11.2016, to the effect that he has compromised the matter with all the accused without any pressure and at his own wish. The original copy of compromise has already been placed before the High Court.

Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R.

Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon''ble Supreme Court in Gian Singh v. State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.242 dated 03.09.2015 under Sections 423/447/506/120-B IPC, registered at Police Station Kalanwali, District Sirsa (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua the petitioners on the basis of compromise dated 04.11.2016 (Annexure P-2).