Punjab-Haryana High Court
Harpreet Singh vs State Of Haryana And Anr on 29 April, 2024
Neutral Citation No:=2024:PHHC:058358
2024:PHHC:058358
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
298 CRM-M-15248-2024
Date of Decision:29.04.2024
HARPREET SINGH .....Petitioner
Vs.
STATE OF HARYANA AND ANR .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Ajay Kamboj, Advocate for
Mr. Vishavjeet Singh Brar, Advocate
for the petitioner.
Mr. Sumit Jain, Additional AG, Haryana.
Mr. Baldev Singh Dandiwal, 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.357 dated 03.12.2022 under Sections 147, 148, 149 and 323 of IPC and Section 25 of Arms Act, registered at Police Station Kalanwali, District Sirsa and all subsequent proceedings arising therefrom on the basis of compromise deed dated 01.03.2024 (Annexure P-2).
This Court vide order dated 22.03.2024 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 First Class, Dabwali, Sirsa 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 - 01-05-2024 04:02:35 ::: Neutral Citation No:=2024:PHHC:058358 CRM-M-15248-2024 -2- 2024:PHHC:058358 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.357 dated 03.12.2022 under Sections 147, 148, 149 and 323 of IPC and Section 25 of Arms Act, registered at Police Station Kalanwali, District Sirsa and all subsequent proceedings arising therefrom on the basis of compromise deed dated 01.03.2024 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
29.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
2 of 2
::: Downloaded on - 01-05-2024 04:02:36 :::