Neutral Citation No:=2023:PHHC:111140
2023:PHHC:111140
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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202 (02 cases) CRM-M-39032-2020
Date of Decision:24.08.2023
Jeevanjeet Singh Brar .....Petitioner
Vs.
State of Haryana and Others .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Rohit Sharma, Advocate for
Mr. Lupil Gupta, Advocate
for the petitioner.
Mr. Vipul Sherwal, AAG, Haryana.
Ms. Vertika Gupta, Advocate for
Mr. Arun Gupta, Advocate for
respondent Nos.2 to 6.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.220 dated 26.06.2020 registered under Sections 147, 149, 323, 341, 506, 34 of the IPC registered at Police Station Sadar Dabwali, District Sirsa and all subsequent proceedings arising therefrom on the basis of affidavit/compromise dated 06.11.2020 (Annexure P-2).
This Court vide order dated 25.11.2020 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before Learned Sub Divisional Judicial Magistrate and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has 1 of 2 ::: Downloaded on - 26-08-2023 05:37:33 ::: Neutral Citation No:=2023:PHHC:111140 2023:PHHC:111140 CRM-M-39032-2020 -2- submitted report dated 05.01.2021 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as learned counsel for respondent Nos.2 to 6 have not disputed the factum of compromise between the parties.
In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R.
Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.220 dated 26.06.2020 registered under Sections 147, 149, 323, 341, 506, 34 of the IPC registered at Police Station Sadar Dabwali, District Sirsa and all subsequent proceedings arising therefrom on the basis of affidavit/compromise dated 06.11.2020 (Annexure P-2), are quashed qua the petitioner.
( DEEPAK GUPTA )
August 24, 2023 JUDGE
Neetika Tuteja
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:111140
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