Abhishek Rai vs State Of Haryana And Another
2024 Latest Caselaw 8835 P&H

Punjab-Haryana High Court

Abhishek Rai vs State Of Haryana And Another on 25 April, 2024

                                      Neutral Citation No:=2024:PHHC:056480



                                                         2024:PHHC:056480

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

283                                           CRM-M-9531-2024
                                              Date of Decision:25.04.2024

ABHISHEK RAI                                        .....Petitioner

                         Vs.

STATE OF HARYANA AND ANOTHER                        .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-   Mr. Amit Kumar, Advocate for
            Mr. Rahul Makkar, Advocate
            for the petitioner.
            Mr. Randhir Singh, Additional AG, Haryana.
            Ms. Manpreet Kaur, Advocate
            for respondent No.2 (Through VC).

                         ****
DEEPAK GUPTA, J.

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

quashing of FIR No.61 dated 16.03.2023 under Sections 279, 323 and 506

IPC and Sections 146, 181 and 192 M.V. Act (added later on), registered at

Police Station Rajendra Nagar, District Gurugram and all subsequent

proceedings arising therefrom on the basis of settlement dated 16.10.2023

(Annexure P-2).

This Court vide order dated 22.02.2024 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 First Class, Gurugram and got their statements recorded.

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

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Neutral Citation No:=2024:PHHC:056480

CRM-M-9531-2024 -2- 2024:PHHC:056480

submitted report dated 30.03.2024 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.61 dated 16.03.2023 under

Sections 279, 323 and 506 IPC and Sections 146, 181 and 192 M.V. Act

(added later on), registered at Police Station Rajendra Nagar, District

Gurugram and all subsequent proceedings arising therefrom on the basis of

settlement dated 16.10.2023 (Annexure P-2) are quashed qua the petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
25.04.2024
pry


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




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