MANISH DESWAL v. STATE OF HARYANA AND OTHERS

Present: Mr.A.K. Khubbar, Advocate for the petitioner. Ms. Aditi Girdhar, AAG, Haryana. Mr. Sameer Kaushik, Advocate for respondent No.2. **** ANUPINDER SINGH GREWAL, J. (ORAL) Heard through video conferencing. The petitioner is seeking quashing of FIR No.168 dated 22.07.2019 under Sections 279, 337 and 427 IPC (Section 338 IPC added at the time of filing of challan), registered at Police Station Mullana, District Ambala, on the basis of compromise dated 10.08.2020 (Annexure P-2), which has been arrived at between the parties. Learned counsel for the petitioner contends that the FIR is an outcome of a road accident in which minor injuries were received by respondent No.2-complainant. He has now fully recovered from the injuries. With the intervention of respectables, the matter has been compromised. He has referred to the copy of the compromise which is annexed as Annexure P-2. CRM-M-23932-2020 2 Learned counsel for respondent No.2 contends that the matter has indeed been compromised. This Court, by the order dated 21.08.2020, had directed the parties to appear before the trial Court to record the statements of the parties with regard to genuineness of the compromise and send a report to this Court. The report of ACJM, Ambala dated 27.08.2020 has been received, wherein it is stated that in pursuance to the order of this Court, the statements of the parties were recorded which indicates that the compromise is genuine, without any coercion or undue influence. The FIR is an outcome of a road accident in which minor injuries were caused and the matter has been compromised. In view of the mandate of the Honble Supreme Court in the case of Narinder Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No.168 dated 22.07.2019 under Sections 279, 337 and 427 IPC (Section 338 IPC added at the time of filing of challan), registered at Police Station Mullana, District Ambala and all subsequent proceedings arising therefrom, are hereby quashed qua the petitioner(s). (ANUPINDER SINGH GREWAL) JUDGE 09.10.2020. SwarnjitS Whether speaking/reasoned : Yes / No Whether reportable : Yes / No