Punjab-Haryana High Court
Bajrang Garg vs State Of Haryana And Another on 13 November, 2024
Neutral Citation No:=2024:PHHC:148455
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
278 CRM-M M No.46194 of 2024
Date of decision: 13.11.2024
BAJRANG GARG .... Petitioner
Versus
STATE OF HARYANA AND ANOTHER .... Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr Rajkapoor Malik,, Advocate for the petitioner.
Mr.
Ms. Nidhi Garg, A.A.G., Haryana.
Haryana.
Mr. Dharamveer Singh Phour, Advocate for respondent No.2
****
MANISHA BATRA, BATRA J. (oral)
1. The present petition has been filed under for quashing of FIR No.30, dated 28.11.2023 registered under Sections 420 and 406 of IPC (Sections 43, 66 and 66-C 66 C of Information Technology Act added later on) at Police Station Cyber Crime, Cr Kaithal, District Kait Kaithal, along with all consequential proceedings arising therefrom, on the basis of compromise dated 06.09.2024 (Annexure P-2) P arrived at between the parties.
2. This Court vide order dated 17.09.2024 had directed the parties to appear before the trial Court Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before the learned Chief Judicial Magistrate, Kaithal and got their statements recorded. On the basis of the statements so recorded, learned Judge has submitted report 1 of 2 ::: Downloaded on - 17-11-2024 08:23:19 ::: Neutral Citation No:=2024:PHHC:148455 CRM-M M No.46194 of 2024 - 2- dated 16.10.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties.
5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instan instant FIR.
6. 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 Punjab and others (2012) 10 SCC 303 303,, this petition is allowed and FIR No.30, dated 28.11.2023 registered under Sections 420 and 406 of IPC (Sections 43, 66 and 66 66-C C of Information Technology Act added later on) at Police Station Cyber Cr Crime, ime, Kaithal District Kaithal and all subsequent proceedings arising therefrom on the basis of compromise dated 06.09.2024 (Annexure P-2) P 2) are quashed qua the petitioner.
(MANISHA BATRA) 13.11.2024 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 17-11-2024 08:23:20 :::