Citation : 2023 Latest Caselaw 22317 P&H
Judgement Date : 19 December, 2023
Neutral Citation No:=2023:PHHC:164326
[275] IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-55854-2023
Date of Decision :19.12.2023
Hashin and others ...Petitioners
versus
State of Haryana and another ....Respondents
Coram : HON'BLE MR. JUSTICE DEEPAK GUPTA
Present : Mr. Nitin Meel, Advocate for the petitioners.
Mr. Randhir Singh, Addl. AG, Haryana.
Mr. Manish Beniwal, Advocate for respondent No.2.
***
DEEPAK GUPTA, J. (ORAL)
[1] Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.139 dated 18.04.2023, registered under Sections 323,
365, 148, 149 and 506 of IPC at Police Station Model Town, Panipat,
District Panipat and all subsequent proceedings arising therefrom on the
basis of compromise.
[2] This Court vide order dated 06.11.2023 had directed the parties
to appear before the Trial Court/Illaqa Magistrate to get their statements
recorded and the learned Magistrate was directed to send his report qua the
genuineness of the compromise.
[3] Pursuant to the aforesaid order, parties have appeared before
learned Chief Judicial Magistrate, Panipat, and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
submitted report dated 29.11.2023 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
undue influence.
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Neutral Citation No:=2023:PHHC:164326
[4] Statement of Respondent No.2-complainant, namely, Sumeet
with regard to compromise was recorded before learned Magistrate on
20.11.2023.
[5] Learned State counsel as well as learned counsel for respondent
No.2 have 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 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.139 dated 18.04.2023, registered under
Sections 323, 365, 148, 149 and 506 of IPC at Police Station Model Town,
Panipat, District Panipat and all subsequent proceedings arising therefrom
on the basis of compromise qua petitioners, are hereby quashed.
(DEEPAK GUPTA)
JUDGE
19.12.2023
'Rajneesh'
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:164326
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