Vishal Kumar And Ors vs State Of Haryana And Another
2024 Latest Caselaw 10761 P&H

Punjab-Haryana High Court

Vishal Kumar And Ors vs State Of Haryana And Another on 3 July, 2024

                                        Neutral Citation No:=2024:PHHC:082297



CRM-M-20522-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

282                                             CRM-M-20522-2024(O&M)
                                                Date of Decision: 03.07.2024


VISHAL KUMAR AND ORS                                         ....Petitioners

                                      VERSUS

STATE OF HARYANA AND ANOTHER                                 ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Kamal Chaudhary, Advocate for the petitioners.

              Ms. Nidhi Garg, AAG, Haryana.

              Mr. Gaurav Verma, Advocate for respondent no.2.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code

of Criminal Procedure for quashing of FIR No.25 dated 27.02.2024 under

Sections 420 & 120-B of IPC added later on registered at Police Station

Cyber Crime Central Faridabad and all the subsequent proceedings arising

therefrom, on the basis of affidavit dated 13.04.2024 (Annexure P-2).

2. This Court vide order dated 25.04.2024 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 the

learned Judicial Magistrate 1st Class, Faridabad and got their statements

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Neutral Citation No:=2024:PHHC:082297

CRM-M-20522-2024(O&M)

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 01.07.2024 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 FIR.

6. 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.25 dated 27.02.2024 under

Sections 420 & 120-B of IPC added later on registered at Police Station

Cyber Crime Central Faridabad and all subsequent proceedings arising

therefrom on the basis of affidavit dated 13.04.2024 (Annexure P-2) are

quashed qua the petitioners.

( MANISHA BATRA ) 03.07.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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