Punjab-Haryana High Court
Deepika Goel Alias Radhika And Another vs State Of Haryana And Another on 22 March, 2024
Neutral Citation No:=2024:PHHC:042205
2024:PHHC:042205
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
246 CRM-M-61263-2023
Date of Decision:22.03.2024
DEEPIKA GOEL ALIAS RADHIKA AND ANOTHER .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Karamveer Singh Banyana, Advocate for the petitioners.
Mr. Randhir Singh, Additional AG, Haryana.
Mr. Vikas Kumar, Advocate for
Mr. B.D. Sharma, 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.0042 dated 08.02.2023, under Sections 120-B, 406 and 420 of IPC (Sections 34, 35, 119, 166, 167, 409, 465, 467, 468 and 471 of IPC added later on) registered at Police Station Hisar Civil Lines, District Hisar and all subsequent proceedings arising therefrom on the basis of compromise deed dated 05.09.2023 (Annexure P-2).
This Court vide order dated 01.02.2024 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, Hisar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report 1 of 2 ::: Downloaded on - 23-03-2024 21:20:42 ::: Neutral Citation No:=2024:PHHC:042205 CRM-M-61263-2023 -2- 2024:PHHC:042205 dated 26.02.2024 to the effect that the compromise has 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.0042 dated 08.02.2023, under Sections 120-B, 406 and 420 of IPC (Sections 34, 35, 119, 166, 167, 409, 465, 467, 468 and 471 of IPC added later on) registered at Police Station Hisar Civil Lines, District Hisar and all subsequent proceedings arising therefrom on the basis of compromise deed dated 05.09.2023 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
22.03.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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