Bhupinder Singh And Ors vs State Of Haryana And Others
2023 Latest Caselaw 14047 P&H

                                                         Neutral Citation No:=2023:PHHC:111149




                                                         2023:PHHC:111149

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

202 (A)                                       CRM-M-19898-2021
                                              Date of Decision:24.08.2023

Bhupinder Singh and Others                                 .....Petitioners
            Vs.
State of Haryana and Others                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Rohit Sharma, Advocate for
            Mr. Lupil Gupta, Advocate
            for the petitioner.

            Mr. Vipul Sherwal, AAG, Haryana.

            Ms. Vertika Gupta, Advocate for
            Mr. Arun Gupta, Advocate for
            respondent Nos.2 to 6.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.220 dated 26.06.2020 registered under Sections 147,

149, 323, 341, 506, 34 of the IPC registered at Police Station Sadar Dabwali,

District Sirsa and all subsequent proceedings arising therefrom on the basis

of affidavit/compromise dated 06.11.2020 (Annexure P-2).

This Court vide order dated 05.07.2021 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 Judicial Magistrate 1st Class and got their statements recorded. On

the basis of the statements so recorded, Learned Magistrate has submitted

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report dated 27.08.2021 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

Nos.2 to 6 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.220 dated 26.06.2020

registered under Sections 147, 149, 323, 341, 506, 34 of the IPC registered

at Police Station Sadar Dabwali, District Sirsa and all subsequent

proceedings arising therefrom on the basis of affidavit/compromise dated

06.11.2020 (Annexure P-2), are quashed qua the petitioners.

                                                        ( DEEPAK GUPTA )
August 24, 2023                                              JUDGE
Neetika Tuteja


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




                                                             Neutral Citation No:=2023:PHHC:111149

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