Abhishek Kapoor vs State Of Haryana And Another
2024 Latest Caselaw 6742 P&H

Punjab-Haryana High Court

Abhishek Kapoor vs State Of Haryana And Another on 1 April, 2024

                                       Neutral Citation No:=2024:PHHC:043276



                                                           2024:PHHC:043276

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

298                                            CRM-M-9977-2024
                                               Date of Decision:01.04.2024

ABHISHEK KAPOOR                                              .....Petitioner

                          Vs.

STATE OF HARYANA AND ANOTHER                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Aman Sharma, Advocate
            for the petitioner.
            Mr. Sumit Jain, Additional AG, Haryana.
            Ms. Anjali, Advocate and
            Mr. Rohit Kumar, Advocate
            for respondent No.2.

                          ****
DEEPAK GUPTA, J.

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

quashing of F.I.R. No.13 dated 02.02.2024, under Sections 323 and 509

IPC, registered at Police Station Sector-7, Panchkula, District Panchkula and

all subsequent proceedings arising therefrom on the basis of

compromise/affidavit dated 17.02.2024 (Annexure P-2).

This Court vide order dated 26.02.2024 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

Chief Judicial Magistrate, Panchkula and got their statements recorded. On

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

report dated 16.03.2024 to the effect that the compromise has been effected

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Neutral Citation No:=2024:PHHC:043276

CRM-M-9977-2024 -2- 2024:PHHC:043276

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

Learned State counsel as well as 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.13 dated 02.02.2024, under

Sections 323 and 509 IPC, registered at Police Station Sector-7, Panchkula,

District Panchkula and all subsequent proceedings arising therefrom on the

basis of compromise/affidavit dated 17.02.2024 (Annexure P-2) are quashed

qua the petitioner.

                                                        ( DEEPAK GUPTA )
                                                             JUDGE
01.04.2024
pry


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




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