Citation : 2023 Latest Caselaw 20768 P&H
Judgement Date : 30 November, 2023
Neutral Citation No:=2023:PHHC:152414
S. No.308 2023:PHHC:152414
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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CRM-M-30034 of 2023
Date of Decision:30.11.2023
Rajesh Goyal and another .....Petitioners
Vs.
State of Haryana and another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Sanjiv Kumar Aggarwal, Advocate and
Mr. Ojas Bansal, Advocate for the petitioners.
Mr. Sumit Jain, Addl. AG, Haryana.
Mr. Tejas Bansal, Advocate for respondent No.2.
****
DEEPAK GUPTA, J. (Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.990 dated 03.10.2018 registered under Sections 323,
341 and 34 IPC at Police Station Sirsa City, District Sirsa along with all
subsequent proceedings arising therefrom, on the basis of compromise dated
22.05.2023 (Annexure P.2).
This Court vide order dated 03.07.2023/19.09.2023 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 its
report qua the genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before
learned Additional Chief Judicial Magistrate, Sirsa, and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
submitted report dated 20.11.2023 to the effect that the compromise
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Neutral Citation No:=2023:PHHC:152414
CRM-M-30034 of 2023 -2- 2023:PHHC:152414
has been effected between the parties voluntarily and without
any coercion or undue influence.
Learned State counsel as well as learned counsel for respondent
No.2 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.990 dated 03.10.2018
registered under Sections 323, 341 and 34 IPC at Police Station Sirsa City,
District Sirsa along with all subsequent proceedings arising therefrom, on
the basis of compromise dated 22.05.2023 (Annexure P.2), are quashed qua
the petitioners.
November 30, 2023 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:152414
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