Vijay And Others vs State Of Haryana And Another

Punjab-Haryana High Court

Vijay And Others vs State Of Haryana And Another on 14 May, 2024

                                      Neutral Citation No:=2024:PHHC:067553



                                                         2024:PHHC:067553

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH
285                                           CRM-M-6815-2024
                                              Date of Decision:14.05.2024
VIJAY AND OTHERS                                           .....Petitioners
                         Vs.
STATE OF HARYANA AND ANOTHER                               .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Ms. Prarthana Duggal, Advocate
            for the petitioners.
            Mr. Randhir Singh, Additional AG, Haryana.
            Mr. Abhishek Taya, Advocate for
            Mr. Pradeep Chhhoker, Advocate for respondent No.2.
            ****
DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.249 dated 10.07.2023, under Sections 120-B, 409 and 420 IPC, registered at Police Station Bilaspur, District Yamunagar and all subsequent proceedings arising therefrom on the basis of compromise dated 03.02.2024 (Annexure P-2).

This Court vide order dated 08.02.2024 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 Sub Divisional Judicial Magistrate, Bilaspur, District Yamanunagar and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 21.03.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

1 of 2 ::: Downloaded on - 16-05-2024 05:03:45 ::: Neutral Citation No:=2024:PHHC:067553 CRM-M-6815-2024 -2- 2024:PHHC:067553 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 FIR No.249 dated 10.07.2023, under Sections 120-B, 409 and 420 IPC, registered at Police Station Bilaspur, District Yamunagar and all subsequent proceedings arising therefrom on the basis of compromise dated 03.02.2024 (Annexure P-2) are quashed qua the petitioners.

                                                      ( DEEPAK GUPTA )
                                                           JUDGE
14.05.2024
pry


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




                                       2 of 2
                    ::: Downloaded on - 16-05-2024 05:03:46 :::