Vineet Kumar And Others vs State Of Haryana And Another
2024 Latest Caselaw 7573 P&H

Punjab-Haryana High Court

Vineet Kumar And Others vs State Of Haryana And Another on 9 April, 2024

                                      Neutral Citation No:=2024:PHHC:048683



                                                         2024:PHHC:048683

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

306                                           CRM-M-7701-2024
                                              Date of Decision:09.04.2024

VINEET KUMAR AND OTHERS                             .....Petitioners

                         Vs.

STATE OF HARYANA AND ANR                            .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Ishan Khetarpal, Advocate
            for the petitioners.
            Mr. Sumit Jain, Additional AG, Haryana.
            Mr. Paras Jhamb, 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.135 dated 12.03.2023 under Sections 186, 332, 34,

353 and 506 IPC and [Section 3(2) of the Haryana Medicare Service Persons

and Medicare Service Institutions (Prevention of Violence and Damage to

Property), Act, 2009, added later on], registered at Police Station S.G.M

Nagar, District Faridabad and all subsequent proceedings arising therefrom

on the basis of compromise dated 18.01.2024 (Annexure P-3).

This Court vide order dated 14.02.2024 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.

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                                        Neutral Citation No:=2024:PHHC:048683



CRM-M-7701-2024                         -2-          2024:PHHC:048683

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

submitted report dated 19.03.2024 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.135 dated 12.03.2023 under

Sections 186, 332, 34, 353 and 506 IPC and [Section 3(2) of the Haryana

Medicare Service Persons and Medicare Service Institutions (Prevention of

Violence and Damage to Property), Act, 2009, added later on], registered at

Police Station S.G.M Nagar, District Faridabad and all subsequent

proceedings arising therefrom on the basis of compromise dated 18.01.2024

(Annexure P-3) are quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
09.04.2024
pry


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




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