Punjab-Haryana High Court
Usman Saif vs State Of Haryana And Another on 20 March, 2024
Neutral Citation No:=2024:PHHC:040404
2024:PHHC:040404
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
289 CRM-M-2021-2024
Date of Decision:20.03.2024
USMAN SAIF .....Petitioner
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Parveen Moudgil, Advocate for the petitioner.
Mr. Randhir Singh, Additional AG, Haryana.
Mr. Ajay Gupta, 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 charge sheet No.1A, dated 21.10.2018 registered in case F.I.R. No.227 dated 10.03.2015, under Sections 420, 467, 468, 471 and 506 of IPC at Police Station Chandibagh, District Panipat (Haryana) and all subsequent proceedings arising therefrom on the basis of compromise deed dated 30.08.2023 (Annexure P-3).
This Court vide order dated 31.01.2024 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, Panipat and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 15.03.2024 to the effect that the compromise has 1 of 2 ::: Downloaded on - 22-03-2024 04:36:57 ::: Neutral Citation No:=2024:PHHC:040404 CRM-M-2021-2024 -2- 2024:PHHC:040404 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 charge sheet No.1A, dated 21.10.2018 registered in case F.I.R. No.227 dated 10.03.2015, under Sections 420, 467, 468, 471 and 506 of IPC at Police Station Chandibagh, District Panipat (Haryana) and all subsequent proceedings arising therefrom on the basis of compromise deed dated 30.08.2023 (Annexure P-3) 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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