Citation : 2024 Latest Caselaw 7575 P&H
Judgement Date : 9 April, 2024
Neutral Citation No:=2024:PHHC:048676
2024:PHHC:048676
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
307 CRM-M-7744-2024
Date of Decision:09.04.2024
AJAIB SINGH .....Petitioner
Vs.
STATE OF HARYANA AND ANR .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Jatinder Kumar Kansal, Advocate
for the petitioner.
Mr. Sumit Jain, Additional AG, Haryana.
Mr. Lakshay Goel, 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.194 dated 05.06.2020 under Sections 370, 384, 406
and 420 of IPC and Section 24 of the Immigration Act, registered at Police
Station Matlauda, District Panipat and all subsequent proceedings arising
therefrom on the basis of compromise dated 09.02.2024 (Annexure P-2).
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
Additional District & Sessions Judge (Fast Track Court), Panipat and got
their statements recorded. On the basis of the statements so recorded,
Learned Magistrate has submitted report dated 16.03.2024 to the effect that
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Neutral Citation No:=2024:PHHC:048676
CRM-M-7744-2024 -2- 2024:PHHC:048676
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.194 dated 05.06.2020 under
Sections 370, 384, 406 and 420 of IPC and Section 24 of the Immigration
Act, registered at Police Station Matlauda, District Panipat and all
subsequent proceedings arising therefrom on the basis of compromise dated
09.02.2024 (Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
09.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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