Punjab-Haryana High Court
Ankit Kumar Jha vs State Of Haryana And Anr on 18 November, 2024
Neutral Citation No:=2024:PHHC:151715
CRM-M-28870-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
275 CRM-M-28870-2024(O&M)
Date of Decision: 18.11.2024
ANKIT KUMAR JHA ....Petitioner
VERSUS
STATE OF HARYANA AND ANR ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Sumit Kumar, Advocate for the petitioner.
Mr. Neeraj Poswal, AAG, Haryana.
Mr. Ashutosh, Advocate for respondent no.2.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.0025 dated 07.02.2024 under Sections 380 of IPC registered at Police Station Udyog Vihar, District Gurugram and all the subsequent proceedings arising therefrom, on the basis of compromise dated 17.05.2024 (Annexure P-2).
2. This Court vide order dated 10.09.2024 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.
3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate First Class, Gurugram and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 16.10.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue 1 of 2 ::: Downloaded on - 21-11-2024 23:00:45 ::: Neutral Citation No:=2024:PHHC:151715 CRM-M-28870-2024(O&M) 2 influence. Explanation submitted by concerned Magistrate has also been considered and perused and no further action is required thereupon.
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 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 and others (2012) 10 SCC 303 , this petition is allowed and FIR No.0025 dated 07.02.2024 under Sections 380 of IPC registered at Police Station Udyog Vihar, District Gurugram and all subsequent proceedings arising therefrom on the basis of compromise dated 17.05.2024 (Annexure P-2) is quashed qua the petitioner.
( MANISHA BATRA ) 18.11.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 21-11-2024 23:00:46 :::