Punjab-Haryana High Court
Naveen vs State Of Haryana & Ors on 23 May, 2018
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
CRM No. M-34792 of 2016(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No. M-34792 of 2016 (O&M)
Decided on : 23.05.2018
Naveen
...Petitioner
versus
State of Haryana and others
...Respondents
CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present : Mr. Sumit Gupta, Advocate for the petitioner.
Mr. Satish Saini, Deputy Advocate General, Haryana.
Mr. Naveen Mandhan, Advocate for respondents No. 2 and 3.
***
Anupinder Singh Grewal, J.(Oral)
The petitioner is seeking quashing of FIR No. 55, dated 27.02.2012, under Sections 279, 337 IPC (Section 338 IPC added later on) registered at Police Station Sahlawas Jhajjar (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.
Learned counsel for the petitioner contends that FIR is an outcome of a road accident, in which minor injuries were caused to complainant, who has fully recovered therefrom. Learned counsel further contends that the matter has now been compromised.
Vide order dated 09.01.2017 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 - 09-07-2018 03:20:21 ::: CRM No. M-34792 of 2016(O&M) 2 recording their statements with regard to veracity of the compromise. Report of Judicial Magistrate Ist Class, Jhajjar, dated 21.01.2017 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 voluntary and without any coercion or undue influence.
The FIR is stated to be an outcome of a 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. 55, dated 27.02.2012, under Sections 279, 337 IPC (Section 338 IPC added later on)registered at Police Station Sahlawas Jhajjar (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner only.
May 23, 2018 (ANUPINDER SINGH GREWAL)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
2 of 2
::: Downloaded on - 09-07-2018 03:20:21 :::