Punjab-Haryana High Court
Laxman @ Lachhu & Ors vs State Of Haryana & Ors on 25 August, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
Criminal Misc. No. M-16074 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-16074 of 2013
Date of Decision:-25.08.2014
Laxman alias Lachhu and others
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present:- Mr. Ramender Chauhan, Advocate
for the petitioners.
Mr. Raja Sharma, Assistant A.G., Haryana
for respondent No.1-State.
Mr. Anil Ghanghas, Advocate
for respondents No.2 and 3.
T.P.S.MANN J.(Oral)
Prayer made in the present petition filed under Section 482 Cr.P.C. is for quashing of FIR No.204 dated 31.5.2008 under Sections 148, 147, 323, 325, 34 IPC, registered at Police Station Sadar, Bhiwani.
The aforementioned FIR was registered on the basis of statement made by respondent Suresh, wherein he stated that on 28.5.2008 at about 1.30 p.m., he, along with his nephew Vishnu, was assaulted by the petitioners.
The quashing of the FIR is sought on the ground that on VIJAY ASIJA 2014.08.27 17:19 I attest to the accuracy and integrity of this document Criminal Misc. No. M-16074 of 2013 -2- 21.4.2013 a compromise was effected between the parties. Copy of the compromise deed is appended with the petition as Annexure P-2.
Pursuant to the order passed by this Court on 30.10.2013 the petitioners on the one hand and respondents No.2 and 3 on the other appeared before the Sub Divisional Judicial Magistrate, Siwani, Camp at Bhiwani, on 6.12.2013 and got recorded their respective statements, wherein, they have confirmed the factum of compromise. After going through the statements, the trial Court has observed that the parties have arrived at compromise amicably with the intervention of the respectables of the village and respondents No.2 and 3 do not want to initiate any proceedings against the petitioners. Copy of the report submitted by the trial Court is available on the file.
Learned counsel for the parties inform the Court that the case is still pending before the trial Court.
Some of the offences alleged to have been committed by the petitioners are non-compoundable. However, when the parties have amicably resolved their differences by entering into a compromise, copy of which stands appended with the petition as Annexure P-2, followed by the petitioners and respondent Nos.2 and 3 appearing before the trial Court and reiterating the factum of compromise, this Court is of the considered view that no useful purpose will be served by keeping the criminal proceedings against the petitioners alive.
Resultantly, the petition is accepted, FIR No.204 dated 31.5.2008 under Sections 148, 147, 323, 325, 34 IPC, registered at Police Station Sadar, Bhiwani, is quashed and subsequent proceedings taken VIJAY ASIJA 2014.08.27 17:19 I attest to the accuracy and integrity of this document Criminal Misc. No. M-16074 of 2013 -3- thereunder including final report under Section 173 Cr.P.C. and the charge-sheet are set aside.
August 25, 2014 ( T.P.S.MANN )
Vijay Asija JUDGE
VIJAY ASIJA
2014.08.27 17:19
I attest to the accuracy and
integrity of this document