Citation : 2023 Latest Caselaw 11815 P&H
Judgement Date : 3 August, 2023
Neutral Citation No:=2023:PHHC:099984
2023:PHHC:099984
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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275 CRM-M-18580-2023
Date of Decision:03.08.2023
Abhishek Chaudhary .....Petitioner
Vs.
State of UT Chandigarh and Another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Rishu Bajaj, Advocate
for the petitioner.
Mr. Ankur Bali, Addl. PP, U.T. Chandigarh.
Mr. Srishtti, 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.103 dated 30.09.2022 registered under Sections 411 &
427 of the IPC registered at Police Station P.S. North, District Chandigarh
and all subsequent proceedings arising therefrom on the basis of
compromise dated 10.04.2023 (Annexure P-2).
This Court vide order dated 17.04.2023 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 Chief Judicial Magistrate and got their statements recorded. On the
basis of the statements so recorded, Learned Magistrate has submitted report
dated 24.04.2023 to the effect that the compromise has been effected
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Neutral Citation No:=2023:PHHC:099984
2023:PHHC:099984
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.103 dated 30.09.2022
registered under Sections 411 & 427 of the IPC registered at Police Station
P.S. North, District Chandigarh and all subsequent proceedings arising
therefrom on the basis of compromise dated 10.04.2023 (Annexure P-2), are
quashed qua the petitioner.
August 03, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:099984
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