Punjab-Haryana High Court
Sunheri And Ors vs State Of Haryana And Another on 16 March, 2022
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-8813-2022 in/and
CRM-M-43683-2021 (O&M)
Date of Decision:-16.3.2022
Sunheri and others ... Petitioners
Versus
State of Haryana and another ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Sumit Sangwan, Advocate for the petitioners.
Mr. Rahul Mohan, DAG, Haryana.
Mr. Mohit, Advocate for respondent No.2.
(proceedings conducted through video conferencing)
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GURVINDER SINGH GILL, J.(Oral)
CRM-8813-2022 In view of the reasons mentioned in the application, the same is allowed and the hearing of the main petition is preponed from 20.10.2022 and is taken on board today.
CRM-M-43683-2021 (Main Case)
1. The petitioners have approached this Court seeking quashing of complaint case No.36/2013 (RBT/61/2013) dated 25.1.2013 titled 'Sheela Vs. Sunheri etc.' under Sections 323, 453, 506, 403, 436, 427, 148, 149, 34 of Indian Penal Code (charges framed under Sections 148, 323, 427, 436, 453 and 506 read with Section 149 of Indian Penal Code) and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.
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2. Vide order dated 25.10.2021, the parties had been directed to appear before the Trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.
3. Report of learned Chief Judicial Magistrate, Bhiwani has been received, wherein it has been reported that the statements of petitioners/accused Sunheri, Rupal, Sandeep, Pardeep and also of respondent No.2 Sheela have been recorded to the effect that they have compromised the matter amongst themselves.
4. Respondents No.2 Sheela in her statement has stated that she has no objection in case the complaint in question is quashed.
5. Learned Chief Judicial Magistrate, Bhiwani has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.
6. In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and complaint case No.36/2013 (RBT/61/2013) dated 25.1.2013 titled 'Sheela Vs. Sunheri etc.' under Sections 323, 453, 506, 403, 436, 427, 148, 149, 34 of Indian Penal Code (charges framed under Sections 148, 323, 427, 436, 453 and 506 read with Section 149 of Indian Penal Code) and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.
16.3.2022 ( Gurvinder Singh Gill )
pankaj Judge
Whether reasoned/speaking Yes / No
Whether reportable Yes / No
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