Punjab-Haryana High Court
Vineet Kumar And Others vs State Of Haryana And Another on 9 April, 2024
Neutral Citation No:=2024:PHHC:048683
2024:PHHC:048683
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
306 CRM-M-7701-2024
Date of Decision:09.04.2024
VINEET KUMAR AND OTHERS .....Petitioners
Vs.
STATE OF HARYANA AND ANR .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Ishan Khetarpal, Advocate
for the petitioners.
Mr. Sumit Jain, Additional AG, Haryana.
Mr. Paras Jhamb, 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.135 dated 12.03.2023 under Sections 186, 332, 34, 353 and 506 IPC and [Section 3(2) of the Haryana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property), Act, 2009, added later on], registered at Police Station S.G.M Nagar, District Faridabad and all subsequent proceedings arising therefrom on the basis of compromise dated 18.01.2024 (Annexure P-3).
This Court vide order dated 14.02.2024 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 Judicial Magistrate Ist Class, Faridabad and got their statements recorded.
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Neutral Citation No:=2024:PHHC:048683
CRM-M-7701-2024 -2- 2024:PHHC:048683
On the basis of the statements so recorded, Learned Magistrate has submitted report dated 19.03.2024 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.135 dated 12.03.2023 under Sections 186, 332, 34, 353 and 506 IPC and [Section 3(2) of the Haryana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property), Act, 2009, added later on], registered at Police Station S.G.M Nagar, District Faridabad and all subsequent proceedings arising therefrom on the basis of compromise dated 18.01.2024 (Annexure P-3) are quashed qua the petitioners.
( DEEPAK GUPTA )
JUDGE
09.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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