Punjab-Haryana High Court
Gagan And Others vs State Of Haryana And Others on 14 November, 2024
Neutral Citation No:=2024:PHHC:148946
CRM-M-22051-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
258 CRM-M-22051-2024(O&M)
Date of Decision: 14.11.2024
GAGAN AND OTHERS ....Petitioners
VERSUS
STATE OF HARYANA AND OTHERS ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Sukhdeep Singh, Advocae for the petitioners.
Mr. Arjun Lakhanpal, Addl. A.G. Haryana for respondent no.1.
Ms. Sujata, Advocate for
Mr. Kamlesh for respondents Nos. 2 to 5.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.120 dated 10.04.2024 under Sections 120-B, 148, 149, 308, 323, 452, 506, 509 of IPC registered at Police Station Civil Lines, District Karnal and all the subsequent proceedings arising therefrom, on the basis of compromise dated 27.04.2024 (Annexure P-2).
2. Vakalatnama has been filed on behalf of respondents nos 2 to 5. The same is taken on record and be tagged at the appropriate place.
3. This Court vide order dated 03.05.2024 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.
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4. Pursuant to the aforesaid order, parties have appeared before the learned Chief Judicial Magistrate, Karnal and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 05.08.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
5. Learned State counsel as well as counsel for respondents Nos.2 to 5 have not disputed the factum of compromise between the parties.
6. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.
7. 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.120 dated 10.04.2024 under Sections 120-B, 148, 149, 308, 323, 452, 506, 509 of IPC registered at Police Station Civil Lines, District Karnal and all subsequent proceedings arising therefrom on the basis of compromise dated 27.04.2024 (Annexure P-2) are quashed qua the petitioners.
( MANISHA BATRA ) 14.11.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
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