Punjab-Haryana High Court
Binder @ Jaswinder Singh And Others vs State Of Haryana And Another on 8 April, 2024
Neutral Citation No:=2024:PHHC:047500
S. No.129+292 2024:PHHC:047500
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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CRM No.14767 of 2024 in/and
CRM-M-7453 of 2024 (O&M)
Date of Decision:08.04.2024
Binder alias Jaswinder Singh and others .....Petitioners
Vs.
State of Haryana and another .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Vipan Kumar, Advocate for the petitioners.
Mr. Sumit Jain, Addl. AG, Haryana.
Mr. Gaurav Gaur, Advocate for Mr. S.M. Sharma,
Advocate for respondent No.2.
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DEEPAK GUPTA, J. (Oral)
CRM No.14767 of 2024
This is an application to place on record Amended Memo of Parties,
as typographical mistake occurred in the earlier Memo of Parties.
Learned counsel contends that name of father of petitioner No.2 -
Gurmeet Singh has been inadvertently mentioned as W/o Kulwinder Singh,
instead of son of Kuldeep Singh. Learned counsel further contends that name of
father of petitioner No.1 - Binder alias Jaswinder Singh is mentioned as Deep
Singh instead of son of Deep Singh @ Kuldeep Singh.
Notice in the application.
Learned State Counsel and learned counsel appearing for respondent
No.2 have no objection in allowing the application. Earlier Memo of Appearance
also reveal that Adhaar Card Numbers and Mobile numbers of petitioners No.1
and 2 are the same.
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Neutral Citation No:=2024:PHHC:047500
CRM-M-7453 of 2024 (O&M) -2- 2024:PHHC:047500
In view of the above, the present application is allowed.
Amended Memo of parties is taken on record.
CRM-M-7453 of 2024
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.0259 dated 28.09.2022 registered under Sections 148,
149, 323, 324, 506 IPC at Police Station Ambala Sadar, District Ambala,
along with all subsequent proceedings arising therefrom, on the basis of
compromise dated 02/03.02.2024 (Annexure P.2).
This Court vide order dated 13.02.2024 had directed the parties
to appear before the trial Court/Area Magistrate 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
learned Judicial Magistrate Ist Class, Ambala, 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 undue influence.
Learned State counsel as well as learned 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.
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Neutral Citation No:=2024:PHHC:047500
CRM-M-7453 of 2024 (O&M) -3- 2024:PHHC:047500
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.0259 dated 28.09.2022
registered under Sections 148, 149, 323, 324, 506 IPC at Police Station
Ambala Sadar, District Ambala, along with all subsequent proceedings
arising therefrom, on the basis of compromise dated 02/03.02.2024
(Annexure P.2) are quashed qua the petitioners.
April 08, 2024 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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