S.R. Vaish vs State Of Haryana And Another
2024 Latest Caselaw 7835 P&H

Punjab-Haryana High Court

S.R. Vaish vs State Of Haryana And Another on 15 April, 2024

                                     Neutral Citation No:=2024:PHHC:049948




292                                                            2024:PHHC:049948


             IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                             CRM-M-9074-2024
                                             Decided On: 15.04.2024

S.R. VAISH

                                                               .....PETITIONER(s)

                                      Versus

STATE OF HARYANA AND ANOTHER
                                                               .....RESPONDENT(s)

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:     Mr. Prafful Rana, Advocate
             for the petitioner.

             Mr. Parveen Kumar Aggarwal, DAG, Haryana.

             Mr. Parveen Sharma, Advocate
             for respondent No.2.

DEEPAK GUPTA, J.(Oral)

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

of F.I.R. No.403 dated 03.11.2022, registered under Sections 148, 149, 323, 451

and 506 of IPC and 25 of Arms Act at Police Station Sector-56, Gurugram and all

subsequent proceedings arising therefrom on the basis of compromise.

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

Judicial Magistrate Ist Class, Gurugram and got their statements recorded. On the

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Neutral Citation No:=2024:PHHC:049948

CRM-M-9074-2024 -2- 2024:PHHC:049948

basis of the statements so recorded, learned Magistrate has submitted report dated

15.03.2024 to the effect that the compromise has been effected between the

parties voluntarily and without any coercion or undue influence.

Statement of Respondent No.2-complainant, namely, Vijender

Kumar Jain with regard to compromise was recorded before learned Magistrate

on 05.03.2024.

Learned State counsel as well as learned 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.403

dated 03.11.2022, registered under Sections 148, 149, 323, 451 and 506 of IPC

and 25 of Arms Act at Police Station Sector-56, Gurugram 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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