DHEERAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . First Information Report (for short,'FIR') No.49 dated 13.2.2012 (Annexure P1) under Sections 148/149/323/427/506/285 of the Indian Penal Code, 1860 (for short,'IPC'), and 25/54/59 of Arms Act was registered, at Police Station, Hathin, District Palwal, on the complaint of respondent No.2, on the allegation that petitioners caused injuries to respondent Nos.2 and 3 as about 2/3 months ago, a quarrel had occurred between Jatinder(respondent No.2), Narinder (respondent No.3) and the petitioners. Now with the intervention of respectables, the matter has been compromised between the parties.

(2.) PETITIONERS seek quashing of aforesaid FIR by saying that the matter has been amicably settled between them and the complainant/respondent Nos.2 and 3, as evidenced by the deed of compromise dated 23.3.2013 ( Annexure P2). While issuing notice of motion, the learned trial Court was asked to examine 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 learned trial Magistrate has submitted a report dated 1.11.2013 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The Complainant and injured, through their counsel, and the learned State counsel have no objection if the petition is accepted, FIR and consequent proceedings arising therefrom, are quashed.

(3.) IT may also be of benefit to extract from Gian Singh v. State of Punjab, (SC)2012(4) Recent Apex Judgments (RAJ) 549:2012(4) RCR(Crl.) 543:2012(5) CTC 526:2012 Ker.LJ 141:2012 (4) KLT 108:2012(4) Law Herald (SC) 3025:2012(5) Knt.LJ 476: 2012(4) Cri.CC 774:2012 (10) SCC 303:2012 AIR (SC)(Cri) 1796: 2012(CriLJ 4934:2012(4) AICLR 551:2012(4) Crimes (SC) 155:2012(9) SCALE 257:2012(2) WLC (SC) Criminal 753, following observations of the Hon'ble Supreme Court of India: