Punjab-Haryana High Court
Ritu And Another vs State Of Haryana And Another on 22 March, 2024
Neutral Citation No:=2024:PHHC:042225
2024:PHHC:042225
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
245 CRM-M-53797-2023
Date of Decision:22.03.2024
RITU AND ANOTHER .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Lekhraj Sharma, Advocate with
Mr. Abhishek Sharma, Advocate and
Mr. Sharma Raj Kumar Mangal Sain, Advocate
for the petitioners.
Mr. Randhir Singh, Additional AG, Haryana.
Mr. Ankit Grewal, Advocate
for respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.778 dated 21.08.2017, under Sections 380, 120-B (added later on) (Section 365 IPC deleted) registered at Police Station Chandani Bagh, District Panipat and all subsequent proceedings arising therefrom on the basis of compromise dated 21.08.2022 (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 Additional Chief Judicial Magistrate, Panipat and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has 1 of 2 ::: Downloaded on - 23-03-2024 21:38:45 ::: Neutral Citation No:=2024:PHHC:042225 CRM-M-53797-2023 -2- 2024:PHHC:042225 submitted report dated 16.03.2024 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.778 dated 21.08.2017, under Sections 380, 120- B (added later on) (Section 365 IPC deleted) registered at Police Station Chandani Bagh, District Panipat and all subsequent proceedings arising therefrom on the basis of compromise dated 21.08.2022 (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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