Citation : 2024 Latest Caselaw 7037 P&H
Judgement Date : 3 April, 2024
Neutral Citation No:=2024:PHHC:044631
2024:PHHC:044631
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
291 CRM-M-6798-2024
Date of Decision:03.04.2024
JASVEER CHOUHAN .....Petitioner
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Rajesh Bansal Advocate
for the petitioner.
Mr. Sumit Jain, Additional AG, Haryana.
Mr. Arun Kumar Gupta, 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.200 dated 14.05.2023, under Sections 406, 420 and
506 of IPC and Section 24 of the Immigration Act, registered at Police
Station Tehsil Camp, Panipat, District Panipat and all subsequent
proceedings arising therefrom on the basis of compromise dated 10.01.2024
(Annexure P-2).
This Court vide order dated 08.02.2024 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, Panipat and got their statements recorded. On
the basis of the statements so recorded, Learned Magistrate has submitted
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Neutral Citation No:=2024:PHHC:044631
CRM-M-6798-2024 -2- 2024:PHHC:044631
report dated 06.03.2024 to the effect that the compromise has 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.200 dated 14.05.2023, under
Sections 406, 420 and 506 of IPC and Section 24 of the Immigration Act,
registered at Police Station Tehsil Camp, Panipat, District Panipat and all
subsequent proceedings arising therefrom on the basis of compromise dated
10.01.2024 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
03.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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