Citation : 2024 Latest Caselaw 6746 P&H
Judgement Date : 1 April, 2024
Neutral Citation No:=2024:PHHC:043003
2024:PHHC:043003
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
291 CRM-M-5555-2024
Date of Decision:01.04.2024
DR. V.B. AJAYAKUMAR AND ANOTHER .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Abhimanu Jangra, Advocate
for the petitioners.
Mr. Sumit Jain, Additional AG, Haryana.
Mr. Kamaljeet Yadav, Advocate for
Mr. Mandeep Singh Lamba, 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.859 dated 20.12.2022, under Sections 406, 420 and
120-B IPC registered at Police Station Sector-8, District Faridabad and all
subsequent proceedings arising therefrom on the basis of compromise dated
20.12.2022 (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, Faridabad and got their statements recorded.
On the basis of the statements so recorded, Learned Magistrate has
submitted report dated 29.02.2024 to the effect that the compromise has
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Neutral Citation No:=2024:PHHC:043003
CRM-M-5555-2024 -2- 2024:PHHC:043003
been effected 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.859 dated 20.12.2022, under
Sections 406, 420 and 120-B IPC registered at Police Station Sector-8,
District Faridabad and all subsequent proceedings arising therefrom on the
basis of compromise dated 20.12.2022 (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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