Madan Mahant And Ors vs State Of Haryana And Others

Punjab-Haryana High Court

Madan Mahant And Ors vs State Of Haryana And Others on 13 May, 2024

                                       Neutral Citation No:=2024:PHHC:066771



                                                          2024:PHHC:066771

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH
288                                            CRM-M-3476-2024
                                               Date of Decision:13.05.2024
MADAN MAHANT AND ORS.                                .....Petitioners
                          Vs.
STATE OF HARYANA AND OTHERS                          .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Mr. Rajesh Nain, Advocate
            for the petitioners.
            Mr. Randhir Singh, Additional AG, Haryana.
            Mr. Rajesh Duhan, Advocate for respondent Nos.2 & 3.
            ****
DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.65 dated 21.04.2021, under Sections 147, 149, 323, 341 and 506 IPC (Section 325 IPC added later on), registered at Police Station Sadar Tohana, District Fatehabad, Haryana and all subsequent proceedings arising therefrom on the basis of compromise dated 13.01.2024 (Annexure P-3).

This Court vide order dated 23.01.2024 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, Tohana and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 29.02.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

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                                        Neutral Citation No:=2024:PHHC:066771



CRM-M-3476-2024                         -2-          2024:PHHC:066771

Learned State counsel as well as counsel for respondent Nos.2 and 3 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 FIR No.65 dated 21.04.2021, under Sections 147, 149, 323, 341 and 506 IPC (Section 325 IPC added later on), registered at Police Station Sadar Tohana, District Fatehabad, Haryana and all subsequent proceedings arising therefrom on the basis of compromise dated 13.01.2024 (Annexure P-3) are quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
13.05.2024
pry


             Whether Speaking/reasoned         Yes/No
             Whether Reportable                Yes/No




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