Anish Kumar And Another vs State Of Haryana And Others
2024 Latest Caselaw 6232 P&H

Punjab-Haryana High Court

Anish Kumar And Another vs State Of Haryana And Others on 19 March, 2024

                                       Neutral Citation No:=2024:PHHC:039578



                                                           2024:PHHC:039578

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

274                                            CRM-M-3235-2024
                                               Date of Decision:19.03.2024

ANISH KUMAR AND ANOTHER                                      .....Petitioners

             Vs.

STATE OF HARYANA AND OTHERS                                 .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    Ms. Shweta Bawa, Advocate for the petitioners.
             Mr. P.K. Aggarwal, DAG, Haryana.
             Mr. Vikas Saroha, Advocate
             for respondent Nos.2 to 5.

                          ****
DEEPAK GUPTA, J.

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

quashing of F.I.R. No.651 dated 10.11.2023 registered under Sections 279,

338, 323, 325, 34 and 506 (Section 308 of IPC added later on) at Police

Station Jagadhari, Yamuna Nagar and all subsequent proceedings arising

therefrom on the basis of compromise dated 10.01.2024 (Annexure P-2).

This Court vide order dated 30.01.2024 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

Additional Chief Judicial Magistrate, Yamuna Nagar and got their

statements recorded. On the basis of the statements so recorded, Learned

Magistrate has submitted report dated 11.03.2024 to the effect that the

compromise has been effected between the parties voluntarily and without

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Neutral Citation No:=2024:PHHC:039578

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any coercion or undue influence.

Learned State counsel as well as counsel for respondent Nos.2

to 5 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 F.I.R. No.651 dated 10.11.2023

registered under Sections 279, 338, 323, 325, 34 and 506 (Section 308 of

IPC added later on) at Police Station Jagadhari, Yamuna Nagar and all

subsequent proceedings arising therefrom on the basis of compromise dated

10.01.2024 (Annexure P-2) are quashed qua the petitioner.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
19.03.2024
pry


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




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