Ashok Kumar And Anr vs State Of Haryana And Ors
2023 Latest Caselaw 11315 P&H

                                                         Neutral Citation No:=2023:PHHC:097841




                                                         2023:PHHC:097841

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

266                                           CRM-M-22328-2023
                                              Date of Decision:31.07.2023

Ashok Kumar and Another                                    .....Petitioners
            Vs.
State of Haryana and Others                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Sudhir Rana, Advocate
            for the petitioners.

            Mr. Vipul Sherwal, AAG, Haryana.

            Mr. Kartik Khicher, 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.462 dated 23.11.2021 registered under Sections 148,

149, 323, 427, 506 of the IPC registered at Police Station Ballabhgarh Sadar,

District Faridabad and all subsequent proceedings arising therefrom on the

basis of compromise dated 03.03.2022 (Annexure P-2).

This Court vide order dated 04.05.2023 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

report dated 24.05.2023 to the effect that the compromise has been effected

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

Learned State counsel as well as learned counsel for respondent

No.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.462 dated 23.11.2021

registered under Sections 148, 149, 323, 427, 506 of the IPC registered at

Police Station Ballabhgarh Sadar, District Faridabad and all subsequent

proceedings arising therefrom on the basis of compromise dated 03.03.2023

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

July 31, 2023                                           ( DEEPAK GUPTA )
Neetika Tuteja                                               JUDGE

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




                                                             Neutral Citation No:=2023:PHHC:097841

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