Citation : 2024 Latest Caselaw 8265 P&H
Judgement Date : 19 April, 2024
Neutral Citation No:=2024:PHHC:052784
2024:PHHC:052784
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
239 CRM-M-14050-2024 (O&M)
Date of Decision:19.04.2024
PARVEEN KUMAR AND ANOTHER .....Petitioners
Vs.
STATE OF HARYANA AND OTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. SanjeevMajra, Advocate
for the petitioners.
Mr. Sumit Jain, Additional AG, Haryana.
Mr. Navdeep Singh, 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.277 dated 23.06.2020 under Sections 148, 149, 323 and
506 of IPC later on added Section 201 read with Section 34 of IPC,
registered at Police Station Gharaunda, District Karnal and all subsequent
proceedings arising therefrom on the basis of compromise dated 06.03.2024
(Annexure P-2).
This Court vide order dated 18.03.2024 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, Karnal and got their statements recorded. On
the basis of the statements so recorded, Learned Magistrate has submitted
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Neutral Citation No:=2024:PHHC:052784
CRM-M-14050-2024 (O&M) -2- 2024:PHHC:052784
report dated 04.04.2024 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 FIR No.277 dated 23.06.2020 under
Sections 148, 149, 323 and 506 of IPC later on added Section 201 read with
Section 34 of IPC, registered at Police Station Gharaunda, District Karnal
and all subsequent proceedings arising therefrom on the basis of
compromise dated 06.03.2024 (Annexure P-2) are quashed qua the
petitioners.
( DEEPAK GUPTA )
JUDGE
19.04.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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