Narender and Others Vs State of Haryana and Others

High Court Of Punjab And Haryana At Chandigarh 28 Mar 2012 Criminal Misc.-M No. 5718 of 2012
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Misc.-M No. 5718 of 2012

Hon'ble Bench

Kanwaljit Singh Ahluwalia, J

Final Decision

Allowed

Acts Referred

Criminal Procedure Code, 1973 (CrPC) — Section 482#Penal Code, 1860 (IPC) — Section 307, 323, 34, 506

Judgement Text

Translate:

Kanwaljit Singh Ahluwalia, J.@mdashPresent petition has been filed u/s 482 Cr.P.C. seeking quashing of FIR No. 242 dated 17.7.2011,

registered at Police Station Sadar Rohtak, under Sections 323, 506, 307, 34 IPC. this Court, on March 05, 2012, had passed the following

order:-

Counsel for the State, on instructions from Darshan singh, ASI, Police Station Sadar Rohtak states that the factum of compromise has been

verified and indeed the compromise has been arrived at between the parties. However, complainant-Darshana Devi is not present in the Court,

whereas her husband Devi Singh is present.

In these circumstances, the parties are directed to before the court of Chief Judicial Magistrate, Rohtak on 12th March, 2012 at 10.00 a.m. The

Chief Judicial Magistrate, Rohtak shall record the statements of the parties and submit his report regarding the factum of compromise to this Court.

To await the report of Chief Judicial Magistrate, Rohtak, list on 28th March, 2012.

2. Pursuant to the order passed by this Court, Chief Judicial Magistrate, Rohtak has submitted report dated 13.3.2012, relevant portion whereof

reads as under:-

I have enquired from the complainant party namely Darshana Devi, her husband Devi Singh and son Ashok, who are present before me and they

are duly identified by Sh. Virender Deshwal, Advocate. The complainant party is fully satisfied with the compromise Ex. C1. The same has been

done voluntarily and one day time was also given to re-think about the compromise. I am satisfied that there is no pressure, duress on the accused

persons and the compromise has been effected between the parties voluntarily.

Similarly, accused persons namely Narender, Naresh and Rajvir sons of Sh. Banwari Lal, resident of village VPO Makrauli Khurd have also given

undertaking that they shall be bound by the compromise Ex. C1 and also reiterated that due to intervention of some respectable persons of village

Makrauli Khurd and complainant party, they have amicably settled the dispute and will be bound by the compromise Ex. C1. Accused persons are

duly identified by Sh. Vedpal, Advocate. Compromise Ex. C1 is voluntarily made by the parties. The compromise Ex. C1 along with statements of

parties are being sent to Hon''ble High Court, as desired immediately. COC of this Court is also directed to keep photocopies of these documents

along with copy of order of this Court on the record. Photocopies of these documents be sent along with copy of order of this Court and original

papers be submitted to the court of Ld. ACJM, Rohtak.

3. Shri Dinesh Arora, Counsel appearing for the petitioners, states that the parties have decided to promote everlasting peace and bring an end to

bad blood and feud between them.

4. Considering the fact that the compromise shall promote amity, harmony and cordial relations between the parties and taking into account the

observations made by a Full Bench of this Court in Kulwinder Singh v. State of Punjab 2007 (3) RCR (Crl.) 1052, this Court is of the view that

the continuance of proceedings, if the compromise has been arrived at, will serve no useful purpose. Consequently, present petition is accepted

and the impugned FIR is quashed on the basis of compromise which has been verified by the court of Chief Judicial Magistrate, Rohtak.

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