Punjab-Haryana High Court
Abhishek Kapoor vs State Of Haryana And Another on 1 April, 2024
Neutral Citation No:=2024:PHHC:043276
2024:PHHC:043276
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
298 CRM-M-9977-2024
Date of Decision:01.04.2024
ABHISHEK KAPOOR .....Petitioner
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Aman Sharma, Advocate
for the petitioner.
Mr. Sumit Jain, Additional AG, Haryana.
Ms. Anjali, Advocate and
Mr. Rohit Kumar, 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.13 dated 02.02.2024, under Sections 323 and 509 IPC, registered at Police Station Sector-7, Panchkula, District Panchkula and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 17.02.2024 (Annexure P-2).
This Court vide order dated 26.02.2024 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 Chief Judicial Magistrate, Panchkula and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 16.03.2024 to the effect that the compromise has been effected 1 of 2 ::: Downloaded on - 03-04-2024 23:41:01 ::: Neutral Citation No:=2024:PHHC:043276 CRM-M-9977-2024 -2- 2024:PHHC:043276 between the parties voluntarily and without any coercion or undue influence.
Learned State counsel as well as 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.13 dated 02.02.2024, under Sections 323 and 509 IPC, registered at Police Station Sector-7, Panchkula, District Panchkula and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 17.02.2024 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
01.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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