Rattan Gupta vs State Of Haryana And Another
2023 Latest Caselaw 5588 P&H

                                                                                      2023:PHHC:060369

                                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                     CHANDIGARH

                   243                                              CRM-M-26826-2021 (O&M)
                                                                    Date of decision: 27.04.2023

                   RATTAN GUPTA
                                                                                            ...Petitioner(s)

                                                               VERSUS


                   STATE OF HARYANA AND ANOTHER
                                                                                          ...Respondent(s)

                   CORAM : HON'BLE MR. JUSTICE GURBIR SINGH

                   Present: Mr. Rohit Rana, Advocate for
                            Mr. Kunal Dawar, Advocate
                            for the petitioner.

                                      Mr. R.S. Nain, DAG, Haryana.

                                      Mr. Jagjot Singh, Advocate
                                      for respondent No.2.

                                          ****

                   GURBIR SINGH, J. (ORAL)

This is a petition filed under Section 482 Cr.P.C. for quashing of FIR

No.182, dated 17.03.2021, under Sections 406, 420 of IPC, 1860 registered at

Police Station Suraj Kand, District Faridabad, Haryana (Annexure P-1) and all

subsequent proceedings arising therefrom, on the basis of compromise dated

28.03.2021 (Annexure P-2), effected between the parties.

Learned counsel for the parties have stated that the present FIR may

be quashed as the parties have amicably settled the dispute.

During the course of preliminary hearing, the trial Court was directed

to record the statements of all the concerned parties, with regard to the

genuineness and validity or otherwise of the compromise by this Court.

In compliance thereof, report dated 04.03.2022 from the Chief KUSUM 2023.04.27 17:30 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD 2023:PHHC:060369

CRM-M-26826-2021 (O&M) -2-

Judicial Magistrate, Faridabad has been received through the District &

Sessions Judge, Faridabad with statements of the parties, in which, it has been

mentioned that the compromise is genuine, voluntary and without any coercion

or undue influence.

The powers under Section 482 Cr.P.C. can be exercised in such like

situation in order to prevent unnecessary vagaries of criminal trial to be faced

by the parties, when there are remote chances of conviction of the accused. The

compromise in question is found to be fully in consonance with the direction

issued by the Court in "Kulwinder Singh and others vs. State of Punjab and

another", 2007(3) RCR (Criminal) 1052 and "Gian Singh vs. State of Punjab

and another", 2012 (4) RCR (Criminal) 543.

In view of the aforesaid report of the Chief Judicial Magistrate,

Faridabad accompanied by statement of both the parties, the instant petition is

allowed. Consequently, the impugned FIR No.182, dated 17.03.2021, under

Sections 406, 420 of IPC, 1860 registered at Police Station Suraj Kand, District

Faridabad, Haryana (Annexure P-1) and all subsequent proceedings arising

therefrom are hereby quashed, on the basis of compromise dated 28.03.2021

(Annexure P-2), qua the petitioner only.

                                                                           (GURBIR SINGH)
                                                                              JUDGE
                   27.04.2023
                   kusum

                                        Whether reasoned/speaking?         Yes/No
                                        Whether reportable?                Yes/No




KUSUM
2023.04.27 17:30
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD