Punjab-Haryana High Court
Pardeep Kumar vs State Of Haryana And Another on 13 December, 2023
Neutral Citation No:=2023:PHHC:159739
2023:PHHC:159739
CRM-M-52096-2023 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(282) CRM-M-52096-2023
Date of decision:- 13.12.2023
Pardeep Kumar ...Petitioner
Versus
State of Haryana and anr. ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Sarvesh Malik, Advocate for the petitioner.
Mr. Ram Kumar Singla, DAG, Haryana.
Mr. Chirag Suri, Advocate for respondent No.2.
****
DEEPAK GUPTA, J. (Oral)
1. By way of this present petition filed under Section 482
Cr.P.C., the petitioner prays for quashing of FIR No.244 dated
09.04.2023 under Sections 341, 506 of IPC and 72-C of the Punjab
Excise Act, 1914 (Haryana Amendment Bill, 2020) registered at Police
Station Assandh, District Karnal (Annexure P-1) and all subsequent
proceedings arising therefrom on the basis of compromise dated
15.04.2023 (Annexure P-2) between the parties.
2. This Court vide order dated 13.10.2023 had directed the
parties to appear before the trial Court/Area Magistrate to get their
statements recorded and the learned Magistrate was directed to send
his/her report qua the genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before
learned Sub Divisional Judicial Magistrate and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate
has submitted report dated 30.11.2023 to the effect that the compromise
1 of 2
Neutral Citation No:=2023:PHHC:159739
2023:PHHC:159739
has been effected between the parties voluntarily and without any
coercion or undue influence.
4. Statement of respondent No.2-complainant, namely, Himmat
Singh, with regard to compromise was recorded before learned
Magistrate on 22.11.2023.
5. Learned State counsel as well as learned counsel for
respondent No.2 has not disputed the factum of compromise between the
parties.
6. 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 reported as 2007 (3) RCR (Criminal) 1052 and approved by the
Hon'ble Supreme Court in Gian Singh Versus State of Punjab and
others reported as 0(2012) 10 SCC 303, this petition is allowed and FIR
No.244 dated 09.04.2023 under Sections 341, 506 of IPC and 72-C of the
Punjab Excise Act, 1914 (Haryana Amendment Bill, 2020) registered at
Police Station Assandh, District Karnal (Annexure P-1) and all
subsequent proceedings arising therefrom on the basis of compromise
dated 15.04.2023 (Annexure P-2), qua the petitioner, is hereby quashed.
(DEEPAK GUPTA)
JUDGE
13th December, 2023
spn
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
Neutral Citation No:=2023:PHHC:159739
2 of 2
