Punjab-Haryana High Court
Deepak @ Hardeep And Ors vs State Of Haryana And Another on 20 March, 2024
Neutral Citation No:=2024:PHHC:040422
2024:PHHC:040422
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
304 CRM-M-3434-2024
Date of Decision:20.03.2024
DEEPAK @ HARDEEP AND ORS. .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Arihant Jain, Advocate for the petitioner.
Mr. Randhir Singh, Additional AG, Haryana.
Mr. Lalit Goyal, Advocate
for respondent No.2.
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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. 605 dated 14.11.2023 registered under Sections 307, 34 and 506 of IPC and Section 27 of Arms Act, 1959 at Police Station Hodal District Palwal and all subsequent proceedings arising therefrom on the basis of compromise dated 15.12.2023 (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 Sub Divisional Judicial Magistrate, Hodal and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 20.02.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or 1 of 2 ::: Downloaded on - 22-03-2024 04:27:29 ::: Neutral Citation No:=2024:PHHC:040422 CRM-M-3434-2024 -2- 2024:PHHC:040422 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. 605 dated 14.11.2023 registered under Sections 307, 34 and 506 of IPC and Section 27 of Arms Act, 1959 at Police Station Hodal District Palwal and all subsequent proceedings arising therefrom on the basis of compromise dated 15.12.2023 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
20.03.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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