Neutral Citation No:=2023:PHHC:084464
2023:PHHC:084464
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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266 CRM-M-29679-2022 (O&M)
Date of Decision:05.07.2023
Lovely Rana .....Petitioner
Vs.
State of Haryana and Others .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. S.S. Nain, Advocate
for the petitioner.
Mr. Parveen Kumar Aggarwal, DAG, Haryana.
Mr. Pardeep Panwar, Advocate
for respondent No.2.
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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.102 dated 12.03.2016 registered under Section 420 of the IPC registered at Police Station Civil Lines, Sonipat, District Sonipat and all subsequent proceedings arising therefrom on the basis of compromise dated 29.05.2022 (Annexure P-2).
This Court vide order dated 13.07.2022 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 Judicial Magistrate 1st Class and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 16.09.2022 to the effect that the compromise has been effected 1 of 2 ::: Downloaded on - 07-07-2023 01:25:29 ::: Neutral Citation No:=2023:PHHC:084464 2023:PHHC:084464 CRM-M-29679-2022 (O&M) 2 between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as learned counsel for respondent No.2 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.102 dated 12.03.2016 registered under Section 420 of the IPC registered at Police Station Civil Lines, Sonipat, District Sonipat and all subsequent proceedings arising therefrom on the basis of compromise dated 29.05.2022 (Annexure P-2), are quashed qua the petitioner.
July 05, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:084464
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