Chand Singh And Anr vs State Of Haryana And Another
2023 Latest Caselaw 11814 P&H

                                                         Neutral Citation No:=2023:PHHC:100040




                                                         2023:PHHC:100040

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH
                           ****

279                                           CRM-M-28682-2023
                                              Date of Decision:03.08.2023

Chand Singh and Another                                    .....Petitioners
            Vs.
State of Haryana and Another                               .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Deepak Kumar Sharma, Advocate
            for the petitioners.

            Mr. Vipul Sherwal, AAG, Haryana.

            Mr. Yuvraj Mandhan, Advocate for
            Mr. Diwan S. Adlakha, Advocate for
            respondent No.2.

                         ****

DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.008 dated 17.01.2023 registered under Sections 323,

379-B, 506, 34 of the IPC registered at Police Station Dujana, Jhajjar,

District Jhajjar and all subsequent proceedings arising therefrom on the basis

of compromise dated 22.05.2023 (Annexure P-2).

This Court vide order dated 01.06.2023 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 statements

recorded. On the basis of the statements so recorded, Learned Magistrate has

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submitted report dated 06.07.2023 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.008 dated 17.01.2023

registered under Sections 323, 379-B, 506, 34 of the IPC registered at Police

Station Dujana, Jhajjar, District Jhajjar and all subsequent proceedings

arising therefrom on the basis of compromise dated 22.05.2023 (Annexure

P-2), are quashed qua the petitioners.

August 03, 2023                                         ( DEEPAK GUPTA )
Neetika Tuteja                                               JUDGE

                 Whether Speaking/reasoned        Yes/No
                 Whether Reportable               Yes/No




                                                             Neutral Citation No:=2023:PHHC:100040

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