High CourtsSingle Bench(2020) 12 P&H CK 0049

Pawan And Others vs State Of Haryana And Another

Punjab And Haryana At Chandigarh · Decided on 2 December 2020

HON’BLE JUDGES
Anupinder Singh Grewal, J
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 31086 Of 2020

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Judgment

16 paragraphs · 294 words

Anupinder Singh Grewal, J

Heard through video conferencing.

The petitioners are seeking quashing of FIR No. 261 dated 03.10.2019 under Sections 323, 354, 354-B, 506, 34 IPC and Section 325 IPC (added later

on) registered at Police Station Sector 65, Gurugram, on the basis of compromise dated 10.08.2020 (Annexure P-2), which has been arrived at

between the parties.

Learned counsel for the petitioners contends that the FIR is an outcome of a misunderstanding between the parties which has now been resolved.

Learned counsel for respondent No.2 states that the matter has indeed been compromised. A Coordinate Bench of this Court vide order dated

05.10.2020 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements and send a report as to whether

the compromise has been arrived at without any coercion or undue influence. The report of the Judicial Magistrate Ist Class, Gurugram dated

02.11.2020 has been received, wherein it is stated that in pursuance to the order of this Court, the statements of the parties were recorded which

indicates that compromise which has been effected is genuine, voluntary and without undue influence.

The FIR is an outcome of a misunderstanding between the parties which has now been resolved and the matter has been compromised. In view of the

law laid down by the Supreme Court in the case of Narinder Singh vs. State of Punjab 2014 (6) SCC 466, no useful purpose will be served by

continuing the criminal proceedings. It would, thus, be in the interest of justice to quash the FIR No. 261 dated 03.10.2019 under Sections 323, 354,

354-B, 506, 34 IPC and Section 325 IPC (added later on) registered at Police Station Sector 65, Gurugram and all consequential proceedings are

hereby quashed qua the petitioners.