Citation : 2024 Latest Caselaw 7819 P&H
Judgement Date : 15 April, 2024
Neutral Citation No:=2024:PHHC:050026
291 2024:PHHC:050026
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-5924-2024
Decided On: 15.04.2024
JOGINDER SINGH
.....PETITIONER(s)
Versus
STATE OF HARYANA AND OTHERS
.....RESPONDENT(s)
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Ashish Jhamb, Advocate
for the petitioner.
Mr. Parveen Kumar Aggarwal, DAG Haryana.
Mr. Abhinav Sood, Advocate
for respondent Nos.2 and 3.
DEEPAK GUPTA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing
of F.I.R. No.479 dated 24.11.2023, registered under Sections 177, 467, 468 and
471 of IPC at Police Station Faridabad Central, District Faridabad and all
subsequent proceedings arising therefrom on the basis of compromise dated
19.01.2024 (Annexure P-5).
This Court vide order dated 20.02.2024 had directed the parties to
appear before the Trial Court/Illaqa Magistrate to get their statements recorded
and the learned Magistrate was directed to send his/her report qua the
genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before learned
Chief Judicial Magistrate, Faridabad and got their statements recorded. On the
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Neutral Citation No:=2024:PHHC:050026
CRM-M-5924-2024 -2- 2024:PHHC:050026
basis of the statements so recorded, learned Magistrate has submitted report dated
18.03.2024 to the effect that the compromise has been effected between the
parties voluntarily and without any coercion or undue influence.
Joint statement of Respondent Nos.2 and 3-complainants, namely,
Jeba Singh and Bhagwan Singh with regard to compromise was recorded before
learned Magistrate on 14.03.2024.
Learned State counsel as well as learned counsel for respondent
Nos.2 and 3 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.479
dated 24.11.2023, registered under Sections 177, 467, 468 and 471 of IPC at
Police Station Faridabad Central, District Faridabad and all subsequent
proceedings arising therefrom on the basis of compromise qua petitioner(s), are
hereby quashed.
(DEEPAK GUPTA)
15.04.2024 JUDGE
Priyanka-II
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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