Citation : 2024 Latest Caselaw 13387 P&H
Judgement Date : 1 August, 2024
Neutral Citation No:=2024:PHHC:098152
CRM-M-28778-2023 -1-
281 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-28778-2023
Date of decision: 1st August, 2024
Jai Bhagwan and others
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. T.P. Singh, Advocate for the petitioners.
Mr. Neeraj Poswal, AAG, Haryana.
Mr. K.S. Cheema, Advocate for respondents No. 2 to 4.
***
MANISHA BATRA, J (ORAL):-
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of DDR No. 21 dated 30.05.2018 under Sections 148, 149, 323,
324 and 506 of IPC, 1860 and Sections 25 and 27 of Arms Act arising out of
FIR No. 191 dated 29.05.2018 registered at Police Station Nissing, District
Karnal and all subsequent proceedings arising therefrom on the basis of
compromise deed dated 29.04.2023 (Annexure P-4).
2. This Court vide order dated 20.03.2024 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.
3. Pursuant to the aforesaid order, parties have appeared before
1 of 2
Neutral Citation No:=2024:PHHC:098152
Judicial Magistrate Ist Class, Karnal and got their statements recorded. On
the basis of the statements so recorded, Learned Magistrate has submitted
report dated 28.05.2024 to the effect that the compromise has been effected
between the parties voluntarily and without any coercion or undue influence.
4. Learned State counsel as well as counsel for respondent No.2
have not disputed the factum of compromise between the parties.
5. In view of the above, no useful purpose would be served to
continue with the proceedings before the trial Court in the instant DDR
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 DDR No. 21 dated 30.05.2018 under Sections 148,
149, 323, 324 and 506 of IPC, 1860 and Sections 25 and 27 of Arms Act
arising out of FIR No. 191 dated 29.05.2018 registered at Police Station
Nissing, District Karnal and all subsequent proceedings arising therefrom on
the basis of compromise deed dated 29.04.2023 (Annexure P-4) are quashed
qua the petitioners.
[MANISHA BATRA] JUDGE 1st August, 2024 Parveen Sharma
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No
2 of 2
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