MOHIT KALRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, the Code), petitioner, the accused in FIR No. 905 dated 30.10.2013 registered under Sections 323, 341, 506, 147 and 149 of the Indian Penal Code (for short, 'the IPC'), at Police Station City Sirsa, District Sirsa, seeks quashing of the aforesaid FIR saying that the matter has been amicably settled between him and complainant/respondent No.2 as evidenced by the affidavit of complainant/respondent No.2 - Gurmohan, dated 13.11.2013 (Annexure P -2).

(2.) 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 dated19.12.2013 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. Complainant/respondent No.2, through his counsel, has also no objection if the afore -stated FIR and proceedings arising therefrom are quashed.

(3.) FROM the above it is established that the parties to the lis have resolved the inter se dispute amicably and to live in peace and harmony. Reference may be made to a Five -Judges Bench decision of this Court in Kulwinder Singh v. State of Punjab, 2007 3 RCR(Cri) 1052 , wherein it has been held as under: