Punjab-Haryana High Court
Gurjit Singh vs State Of Haryana And Another on 8 April, 2024
Neutral Citation No:=2024:PHHC:047950
2024:PHHC:047950
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
294 CRM-M-8148-2024
Date of Decision:08.04.2024
GURJIT SINGH .....Petitioner
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. S.S. Momi, Advocate
for the petitioner.
Mr. Sumit Jain, Additional AG, Haryana.
Mr. Rajesh Dhiman, Advocate
for respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.476 dated 21.07.2022 under Sections 406 and 420 of IPC and Section 10/24 of Emigration Act, 1983 (later Section 506 IPC added) registered at Police Station Thanesar Sadar, District Kurukshetra and all subsequent proceedings arising therefrom on the basis of compromise dated 14.12.2023 (Annexure P-2).
This Court vide order dated 15.02.2024 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 Additional Chief Judicial Magistrate, Kurukshetra and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has 1 of 2 ::: Downloaded on - 10-04-2024 03:54:46 ::: Neutral Citation No:=2024:PHHC:047950 CRM-M-8148-2024 -2- 2024:PHHC:047950 submitted report dated 22.03.2024 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 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.476 dated 21.07.2022 under Sections 406 and 420 of IPC and Section 10/24 of Emigration Act, 1983 (later Section 506 IPC added) registered at Police Station Thanesar Sadar, District Kurukshetra and all subsequent proceedings arising therefrom on the basis of compromise dated 14.12.2023 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
08.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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