Momeen Khan @ Momin And Anr vs State Of Haryana And Another
2024 Latest Caselaw 6745 P&H

Punjab-Haryana High Court

Momeen Khan @ Momin And Anr vs State Of Haryana And Another on 1 April, 2024

                                      Neutral Citation No:=2024:PHHC:043323



                                                         2024:PHHC:043323

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

294                                           CRM-M-5940-2024
                                              Date of Decision:01.04.2024

MOMEEN KHAN @ MOMIN AND ANR.                               .....Petitioners

                         Vs.

STATE OF HARYANA AND ANOTHER                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Amit Gupta, Advocate
            for the petitioner.
            Mr. Sumit Jain, Additional AG, Haryana.
            None 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.222 dated 31.10.2023, under Sections 120-B, 365 and

506 IPC, registered at Police Station Pratap Nagar, District Yamunanagar,

Haryana and all subsequent proceedings arising therefrom on the basis of

compromise dated 04.12.2023 (Annexure P-2).

This Court vide order dated 05.02.2024 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

Judicial Magistrate Ist Class, Sub Division Bilaspur and got their statements

recorded. On the basis of the statements so recorded, Learned Magistrate has

submitted report dated 06.03.2024 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

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Neutral Citation No:=2024:PHHC:043323

CRM-M-5940-2024 -2- 2024:PHHC:043323

undue influence.

Learned State counsel has 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.222 dated 31.10.2023, under

Sections 120-B, 365 and 506 IPC, registered at Police Station Pratap Nagar,

District Yamuna nagar, Haryana and all subsequent proceedings arising

therefrom on the basis of compromise dated 04.12.2023 (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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