Amit Kumar And Others vs State Of Haryana And Others
2023 Latest Caselaw 11080 P&H

                                                         Neutral Citation No:=2023:PHHC:096042




                                                         2023:PHHC:096042

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

277                                           CRM-M-17751-2023
                                              Date of Decision:27.07.2023

Amit Kumar and Others                                      .....Petitioners
            Vs.
State of Haryana and Others                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Manoj Kumar Pundhir, Advocate
            for the petitioners.

            Mr. Vipul Sherwal, AAG, Haryana.

            Mr. Jogendra Singh, Advocate for
            respondent Nos.2 & 3.

                         ****

DEEPAK GUPTA, J.

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

quashing of F.I.R. No.159 dated 23.02.2019 registered under Sections 323,

342, 384, 34 of the IPC, 1860 & Section 83 of Juvenile of Justice Act, 2015

registered at Police Station Karnal Civil Lines, District Karnal and all

subsequent proceedings arising therefrom on the basis of compromise dated

28.03.2023 (Annexure P-2).

This Court vide order dated 13.04.2023 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 Judicial Magistrate 1st Class and got their statements recorded. On

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

1 of 2

Neutral Citation No:=2023:PHHC:096042

2023:PHHC:096042

report dated 29.05.2023 to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influence.

Learned State as well as learned counsel for respondent Nos.2

& 3 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.159 dated 23.02.2019

registered under Sections 323, 342, 384, 34 of the IPC, 1860 & Section 83

of Juvenile of Justice Act, 2015 registered at Police Station Karnal Civil

Lines, District Karnal and all subsequent proceedings arising therefrom on

the basis of compromise dated 28.03.2023 (Annexure P-2), are quashed qua

the petitioners.

July 27, 2023                                           ( DEEPAK GUPTA )
Neetika Tuteja                                               JUDGE

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




                                                             Neutral Citation No:=2023:PHHC:096042

                                         2 of 2