Citation : 2023 Latest Caselaw 5684 P&H
Judgement Date : 28 April, 2023
Neutral Citation No:=2023:PHHC:060789
2023:PHHC:060789
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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223 CRM-M-1300-2023
Date of Decision:28.04.2023
Sahil and Others .....Petitioners
Vs.
State of Haryana and Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Vivek Goyal, Advocate
for the petitioners.
Mr. Parveen Kumar Aggarwal, DAG, Haryana.
Mr. Ajay Beniwal, Advocate
for respondent No.2.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.427 dated 30.08.2022 registered under Sections
148, 149, 323, 365, 506 of the IPC registered at Police Station
Chandimandir, District Panchkula and all subsequent proceedings
arising therefrom on the basis of compromise dated 06.01.2023
(Annexure P-2).
This Court vide order dated 11.01.2023 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 Learned Additional Chief Judicial Magistrate and got their
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Neutral Citation No:=2023:PHHC:060789
2023:PHHC:060789
statements recorded. On the basis of the statements so recorded,
Learned Magistrate has submitted report dated 09.02.2023 to the effect
that the compromise has been effected between the parties voluntarily
and without any coercion or undue influence.
Learned State counsel as well as learned 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
F.I.R. No.427 dated 30.08.2022 registered under Sections 148, 149,
323, 365, 506 of the IPC registered at Police Station Chandimandir,
District Panchkula and all subsequent proceedings arising therefrom on
the basis of compromise dated 06.01.2023 (Annexure P-2), are quashed
qua the petitioners.
April 28, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:060789
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