Punjab-Haryana High Court
Anish Kumar And Another vs State Of Haryana And Others on 19 March, 2024
Neutral Citation No:=2024:PHHC:039578
2024:PHHC:039578
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
274 CRM-M-3235-2024
Date of Decision:19.03.2024
ANISH KUMAR AND ANOTHER .....Petitioners
Vs.
STATE OF HARYANA AND OTHERS .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Ms. Shweta Bawa, Advocate for the petitioners.
Mr. P.K. Aggarwal, DAG, Haryana.
Mr. Vikas Saroha, Advocate
for respondent Nos.2 to 5.
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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.651 dated 10.11.2023 registered under Sections 279, 338, 323, 325, 34 and 506 (Section 308 of IPC added later on) at Police Station Jagadhari, Yamuna Nagar and all subsequent proceedings arising therefrom on the basis of compromise dated 10.01.2024 (Annexure P-2).
This Court vide order dated 30.01.2024 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, Yamuna Nagar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 11.03.2024 to the effect that the compromise has been effected between the parties voluntarily and without 1 of 2 ::: Downloaded on - 21-03-2024 04:17:26 ::: Neutral Citation No:=2024:PHHC:039578 CRM-M-3235-2024 -2- 2024:PHHC:039578 any coercion or undue influence.
Learned State counsel as well as counsel for respondent Nos.2 to 5 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.651 dated 10.11.2023 registered under Sections 279, 338, 323, 325, 34 and 506 (Section 308 of IPC added later on) at Police Station Jagadhari, Yamuna Nagar and all subsequent proceedings arising therefrom on the basis of compromise dated 10.01.2024 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
19.03.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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