Punjab-Haryana High Court
Mohammad Aajam Alias Azam vs State Of Haryana And Another on 10 April, 2024
Neutral Citation No:=2024:PHHC:049513
2024:PHHC:049513
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
294 CRM-M-7855-2024
Date of Decision:10.04.2024
MOHAMMAD AAJAM ALIAS AZAM .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Dushyant Rana, Advocate
for the petitioners.
Mr. Gagandeep Singh Chhina, DAG, Punjab.
Ms. Sanchita Jain, Advocate
for respondent No. 2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.201 dated 05.11.2023 under Sections 420, 506 IPC, (Section 406, 467, 468 and 471 IPC added later on), registered at Police Station Jathlana, Yamuna Nagar and all subsequent proceedings arising therefrom on the basis of compromise dated 07.02.2024 (Annexure P-2).
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, Yamuna Nagar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 09.04.2024 to the effect that the compromise has 1 of 2 ::: Downloaded on - 11-04-2024 11:18:18 ::: Neutral Citation No:=2024:PHHC:049513 CRM-M-7855-2024 -2- 2024:PHHC:049513 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 FIR No.201 dated 05.11.2023 under Sections 420, 506 IPC, (Section 406, 467, 468 and 471 IPC added later on), registered at Police Station Jathlana, Yamuna Nagar and all subsequent proceedings arising therefrom on the basis of compromise dated 07.02.2024 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
10.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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