Gurjit Singh vs State Of Haryana And Another
2024 Latest Caselaw 7452 P&H

Punjab-Haryana High Court

Gurjit Singh vs State Of Haryana And Another on 8 April, 2024

                                      Neutral Citation No:=2024:PHHC:047950



                                                         2024:PHHC:047950

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

294                                    CRM-M-8148-2024
                                       Date of Decision:08.04.2024

GURJIT SINGH                                               .....Petitioner

                         Vs.

STATE OF HARYANA AND ANOTHER                               .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. S.S. Momi, Advocate
            for the petitioner.
            Mr. Sumit Jain, Additional AG, Haryana.
            Mr. Rajesh Dhiman, 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.476 dated 21.07.2022 under Sections 406 and 420 of

IPC and Section 10/24 of Emigration Act, 1983 (later Section 506 IPC

added) registered at Police Station Thanesar Sadar, District Kurukshetra and

all subsequent proceedings arising therefrom on the basis of compromise

dated 14.12.2023 (Annexure P-2).

This Court vide order dated 15.02.2024 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

Additional Chief Judicial Magistrate, Kurukshetra and got their statements

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

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Neutral Citation No:=2024:PHHC:047950

CRM-M-8148-2024 -2- 2024:PHHC:047950

submitted report dated 22.03.2024 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.476 dated 21.07.2022 under

Sections 406 and 420 of IPC and Section 10/24 of Emigration Act, 1983

(later Section 506 IPC added) registered at Police Station Thanesar Sadar,

District Kurukshetra and all subsequent proceedings arising therefrom on the

basis of compromise dated 14.12.2023 (Annexure P-2) are quashed qua the

petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
08.04.2024
pry


              Whether Speaking/reasoned        Yes/No
              Whether Reportable               Yes/No




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