LAWS(P&H)-2014-2-541

RAGHUBIR CHAND Vs. STATE OF HARYANA

Decided On February 07, 2014
Raghubir Chand Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Criminal Procedure Code, 1973 (for brevity, the Code), petitioners, the accused, in First Information Report (for short, FIR) No. 151 dated 29.12.2005 recorded under Sections 323/324/34 of the Indian Penal Code (for short, the IPC), (offence of Section 325, IPC added lateron) at Police Station Sehzadpur, District Ambala (Annexure P1), seek quashing of the FIR saying that the matter has been amicably settled between them and the complainant/victim as evidenced by the deed of compromise dated 5.9.2013( Annexure P2).

(2.) BRIEF facts of the case are that respondent No.2 lodged the FIR against the petitioners and other co -accused alleging that on 23.12.2005 at 10.00 a.m., his sister, Sinder Pal after taking cow while going to the "Bara" when reached in Gali situated in front of their house from front side, Sona wife of Puran Chand came there suddenly. Foot of cow fell in the drain due to which dirty water fell on Sona Devi, upon this Sona Devi got Sinder Pal down by pulling her hair and beat her.

(3.) WHILE issuing notice of motion, the trial Court was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The trial Court has submitted a report dated 3.2.2014 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion.