Deepak And Anr vs State Of Haryana And Another
2024 Latest Caselaw 5950 P&H

Punjab-Haryana High Court

Deepak And Anr vs State Of Haryana And Another on 15 March, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                                                 2024:PHHC: 037585

                                         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                    CHANDIGARH
             256                                                              CRM-M-7067-2024
                                                                      Date of decision: 15.03.2024

             DEEPAK AND ANR                                                    .... PETITIONER(S)
                                                               VERSUS

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

             CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

             Present:                 Mr. Vikas Lochab, Advocate
                                      for the petitioner(s).

                                      Mr. Rajiv Goel, DAG, Haryana.

                                      Mr. Arvind K. Yadav, Advocate
                                      for respondent No.2.

                                      ****

             JASJIT SINGH BEDI, J. (Oral)

The prayer in this petition is for quashing of an FIR No.0475

dated 05.07.2023 (Annexure P-1) registered under Sections 406, 420 of the

IPC, 1860 at Police Station City Narnaul, District Mahendergarh (Annexure

P-1) along with all consequential proceedings arising therefrom on the basis

of a compromise arrived at between the petitioners and respondent No.2.

Vide order dated 09.02.2024 this Court had directed the parties

to appear before Illaqa Magistrate for getting their statements recorded with

regard to the compromise dated 23.01.2024 (Annexure P-2).

The Illaqa Magistrate/trial Court was to submit a report in this

regard giving certain details as enumerated in the said order.

Pursuant to the order dated 09.02.2024 passed by this Court, the

parties have appeared before the learned Chief Judicial Magistrate, Narnaul

authenticity of this order/judgment Punjab & Haryana High Court, CHD

and as per the report dated 11.03.2024 submitted to this Court, both the

parties have got recorded their respective statements in Court.

A perusal of the aforesaid report would show that the parties

have effected a genuine compromise without there being any pressure,

coercion or undue influence. In view of the compromise there is a remote

possibility of the complaint coming forward to support the prosecution case.

The powers under Section 482 Cr.PC can be exercised in such like situation

in order to prevent unnecessary vagaries of criminal trial to be faced by the

parties, when there are remote chances of conviction of the accused. The

compromise in question is found to be fully in consonance with the direction

issued by the Court in "Kulwinder Singh & Ors. Vs. State of Punjab

2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr.,

2012(4) RCR (Crl.) 543".

In view of the aforesaid report of the learned Chief Judicial

Magistrate, Narnaul accompanied by statements of both the parties, the FIR

No.0475 dated 05.07.2023 (Annexure P-1) registered under Sections 406,

420 of the IPC, 1860 at Police Station City Narnaul, District Mahendergarh

(Annexure P-1) along with all consequential proceedings arising therefrom

are hereby quashed qua the petitioners.

Petition stands disposed of.

                                                                      (JASJIT SINGH BEDI)
                                                                           JUDGE
             15.03.2024
             Kusum


                                      Whether speaking/reasoned       Yes/No
                                      Whether Reportable              Yes/No



authenticity of this order/judgment
Punjab & Haryana High Court, CHD