Raman @ Kaka And Others vs State Of Haryana And Others
2024 Latest Caselaw 6743 P&H

Punjab-Haryana High Court

Raman @ Kaka And Others vs State Of Haryana And Others on 1 April, 2024

                                      Neutral Citation No:=2024:PHHC:043259



                                                         2024:PHHC:043259

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

288                                           CRM-M-50306-2023
                                              Date of Decision:01.04.2024

RAMAN @ KAKA AND OTHERS                                     .....Petitioners

                         Vs.

STATE OF HARYANA AND OTHERS                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Prateek Singh, Advocate for
            Mr. Munish Mittal, Advocate
            for the petitioners.
            Mr. Amandeep Singh, DAG, Punjab.
            Mr. Ankit Kamboj, Advocate
            for respondent Nos.2 to 4.

                         ****
DEEPAK GUPTA, J.

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

quashing of F.I.R. No.402 dated 18.09.2019, under Sections 148, 149, 323

and 452 IPC, registered at Police Station Butana, District Karnal and all

subsequent proceedings arising therefrom on the basis of compromise

(Annexure P-2).

This Court vide order dated 10.10.2023 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

Judicial Magistrate Ist Class, Karnal and got their statements recorded. On

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

report dated 18.11.2023 to the effect that the compromise has been effected

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Neutral Citation No:=2024:PHHC:043259

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

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

to 4 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.402 dated 18.09.2019, under

Sections 148, 149, 323 and 452 IPC, registered at Police Station Butana,

District Karnal and all subsequent proceedings arising therefrom on the

basis of compromise (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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