Punjab-Haryana High Court
Rajkumar Alias Raju vs State Of Haryana And Another on 5 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:155412
CRM-M-32096-2023 -1- 2023:PHHC:155412
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(285)
CRM-M-32096-2023
Date of Decision:- 05.12.2023
Rajkumar @ Raju ...Petitioner
VERSUS
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Deepak Vashishth, Advocate for
Mr. Ashish Pannu, Advocate for the petitioner.
Mr. Anup Singh, AAG, Punjab for State-respondent No.1.
Mr. Kuldeep Sheoran, Advocate for the respondent No.2.
****
SUVIR SEHGAL, J. (Oral)
1. On 25.09.2023, this Court passed the following order:-
"This is the 2nd petition for quashing of FIR No.181
dated 26.06.2020 under Sections 406 and 420 of IPC, 1860,
however, Sections 370, 384, 120-B, IPC were added later on
in charge-sheet, and Section 24 of Emigration Act, 1986,
registered at Police Station Nissing, District Karnal,
Annexure P-1, along with all consequential proceedings
arising therefrom on the basis of affidavit dated 23.12.2020,
Annexure P-2, executed by complainant - respondent No.2.
Counsel for the petitioner submits that first petition
seeking quashing on the basis of the same affidavit was
withdrawn from this Court by order dated 15.03.2021,
Annexure P-5, as the petitioner was named as an accused in
06 other criminal cases. By making a reference to the
judgments, Annexures P-6 to P-11, passed by this Court,
counsel submits that FIRs in all other cases have been
quashed by this Court on the basis of compromise entered into
between the parties. He submits that even this matter has been
amicably settled as is apparent from the affidavit, Annexure
P-2. It is his argument that offence under Section 370, IPC, is
not made out as there is neither any allegation of exploitation
nor of trafficking.
1 of 3
Neutral Citation No:=2023:PHHC:155412
CRM-M-32096-2023 -2- 2023:PHHC:155412
Notice of motion.
On asking of the Court, Mr. Munish Sharma, DAG,
Haryana, accepts notice on behalf of respondent No.1-State.
Mr. B.S. Baath, Advocate for Mr. Amit Khatkar, Advocate
accepts notice on behalf of respondent No.2. He admits the
factum of compromise.
The parties and Investigating Officer are directed to
appear before the Area Magistrate/Trial Court on 31.10.2023
or on any day thereafter as fixed by the court, for getting their
statements recorded with regard to the compromise. The Area
Magistrate/Trial Court shall submit a report on or before the
next date of hearing specifying the following:-
1. the number of accused arraigned in the FIR and how
many have appeared before it and have made statements
and whether any accused is absconding/P.O. in the case;
2. the name of the complainant and injured/aggrieved
and whether all of them have appeared and made their
statements in support of the compromise;
3. the stage of trial/proceedings;
4. if the compromise is genuine, voluntary and out of
free will of the parties.
5. whether any other criminal case is pending against
the accused.
Report of Area Magistrate/Trial Court be awaited
for 01.12.2023."
2. Report has been received from the learned Additional District and
Sessions Judge, Karnal in deference to the orders passed by this Court and
its relevant extract is as under:-
"i) Only accused Raj Kumar @ Raju is named in the
present FIR. He has never been declared proclaimed
offender in the case and appearing in the present trial.
ii) There is one complainant/victim/aggrieved person
namely Rohtash son of Hukam Chand, resident of village
Singhra, Nissing, Karnal, now resident of Shashtri Nagar,
Karnal, who appeared in the court made statement in
support of the compromise.
iii) The present case is at the stage of recording of
prosecution evidence.
iv) As per the statements of complainant Rohtash
Kumar and accused Raj Kumar @ Raju, the parties have
made the compromise out of their free will, without any
coercion or undue influence and thus, the compromise is
2 of 3
Neutral Citation No:=2023:PHHC:155412
CRM-M-32096-2023 -3- 2023:PHHC:155412
genuine and voluntary in nature.
v) Accused Raj Kumar @ Raju is also involved in six
other cases i.e. FIR No.555/2020 under Sections 420, 406,
370 IPC and 24 of Immigration (sic Emigration) Act,
P.S.Ambala; FIR No. 197/2020 under Sections 420, 406, 370
IPC and 24 of Immigration (sic Emigration) Act P.S.Civil
Lines Karnal; FIR No.78.2020 under Sections 420, 406, 370
IPC and 24 of Immigration (sic Emigration) Act, P.S.
Nigdhu, Karnal; FIR No.102/2020 under Sections 420, 406,
370 IPC and 24 of Immigration (sic Emigration) Act,
P.S.Dhand, Kaithal; FIR No.142/2020 under Sections 420,
406, 370 IPC and 24 of Immigration (sic Emigration) Act,
P.S.Nigdhu, Karnal; and FIR No.234/2020 under Sections
420, 406, 370 IPC and 24 of Immigration (sic Emigration)
Act, P.S.Butana, Karnal."
3. Heard counsel for the parties.
4. In view of the report given by the learned ASJ and the judgment
of the Supreme Court in Gian Singh Versus State of Punjab and another,
2012(4) RCR (Criminal) 543 and a Full Bench of this Court in Kulwinder
Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this
Court is of the view that keeping the criminal proceedings alive would not
serve any purpose and setting them aside would enable the parties to lead a
harmonious and peaceful life.
5. Accordingly, the petition is allowed. FIR No.181 dated
26.06.2020 under Sections 406 and 420 of IPC, 1860, however, Sections
370, 384, 120-B, IPC were added later on in charge-sheet, and Section 24
of Emigration Act, 1986, registered at Police Station Nissing, District
Karnal, Annexure P-1, along with all subsequent proceedings arising
therefrom, are quashed qua the petitioner.
05.12.2023 (SUVIR SEHGAL)
Kamal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:155412
3 of 3
