Punjab-Haryana High Court
Mohammad Irfan Elahi vs State Of Haryana And Ors on 11 May, 2018
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
CRM No. M-11333 of 2018
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No. M-11333 of 2018
Decided on : 11.05.2018
Mohammad Irfan Elahi
...Petitioner
versus
State of Haryana and others
...Respondents
CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present : Mr. Anil Kumar Spehia, Advocate for the petitioner.
Mr. Deepak Grewal, Deputy Advocate General, Haryana.
***
Anupinder Singh Grewal, J.(Oral)
The petitioner is seeking quashing of FIR No. 334, dated 28.11.2017, under Sections 279, 337 IPC (Section 338 IPC was added later on), registered at Police Station Pinjore, District Panchkula (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 14.02.2018 (Annexure P-2) arrived at between the parties.
Learned counsel for the petitioner contends that FIR is an outcome of a misunderstanding after the road accident. The injured has suffered various injuries on his person but he has fully recovered. Learned counsel further contends that the matter has now been compromised.
Vide order dated 19.03.2018 a Co-ordinate Bench of this Court had directed the parties to appear before the trial Court/Illaqa Magistrate for 1 of 2 ::: Downloaded on - 13-05-2018 04:28:58 ::: CRM No. M-11333 of 2018 2 recording their statements with regard to veracity of the compromise. Report of Sub Divisional Judicial Magistrate, Kalka dated 03.04.2018 has been received, wherein it is stated that in pursuance to the order of this Court, statements of the parties were recorded. As per the statements, compromise is genuine.
The FIR is stated to be an outcome of a misunderstanding after the road accident, which has been resolved and the matter has been compromised. The injured has fully recovered.
In view of the law laid down in "Narinder Singh Vs. State of Punjab" 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No. 334, dated 28.11.2017, under Sections 279, 337 IPC (Section 338 IPC was added later on), registered at Police Station Pinjore, District Panchkula (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner only.
May 11, 2018 (ANUPINDER SINGH GREWAL)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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