Mohammad Aajam Alias Azam vs State Of Haryana And Another
2024 Latest Caselaw 7667 P&H

Punjab-Haryana High Court

Mohammad Aajam Alias Azam vs State Of Haryana And Another on 10 April, 2024

                                      Neutral Citation No:=2024:PHHC:049513



                                                         2024:PHHC:049513

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

294                                           CRM-M-7855-2024
                                              Date of Decision:10.04.2024

MOHAMMAD AAJAM ALIAS AZAM                                  .....Petitioners

                         Vs.

STATE OF HARYANA AND ANOTHER                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Dushyant Rana, Advocate
            for the petitioners.
            Mr. Gagandeep Singh Chhina, DAG, Punjab.
            Ms. Sanchita Jain, Advocate
            for respondent No. 2.

                         ****
DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of FIR No.201 dated 05.11.2023 under Sections 420, 506 IPC,

(Section 406, 467, 468 and 471 IPC added later on), registered at Police

Station Jathlana, Yamuna Nagar and all subsequent proceedings arising

therefrom on the basis of compromise dated 07.02.2024 (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

Judicial Magistrate Ist Class, Yamuna Nagar and got their statements

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

submitted report dated 09.04.2024 to the effect that the compromise has

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Neutral Citation No:=2024:PHHC:049513

CRM-M-7855-2024 -2- 2024:PHHC:049513

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 FIR No.201 dated 05.11.2023 under

Sections 420, 506 IPC, (Section 406, 467, 468 and 471 IPC added later on),

registered at Police Station Jathlana, Yamuna Nagar and all subsequent

proceedings arising therefrom on the basis of compromise dated 07.02.2024

(Annexure P-2) are quashed qua the petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
10.04.2024
pry


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




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