Citation : 2024 Latest Caselaw 6339 P&H
Judgement Date : 20 March, 2024
Neutral Citation No:=2024:PHHC:040422
2024:PHHC:040422
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
304 CRM-M-3434-2024
Date of Decision:20.03.2024
DEEPAK @ HARDEEP AND ORS. .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Arihant Jain, Advocate for the petitioner.
Mr. Randhir Singh, Additional AG, Haryana.
Mr. Lalit Goyal, Advocate
for respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No. 605 dated 14.11.2023 registered under Sections 307,
34 and 506 of IPC and Section 27 of Arms Act, 1959 at Police Station Hodal
District Palwal and all subsequent proceedings arising therefrom on the
basis of compromise dated 15.12.2023 (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
Sub Divisional Judicial Magistrate, Hodal and got their statements recorded.
On the basis of the statements so recorded, Learned Magistrate has
submitted report dated 20.02.2024 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
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Neutral Citation No:=2024:PHHC:040422
CRM-M-3434-2024 -2- 2024:PHHC:040422
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 F.I.R. No. 605 dated 14.11.2023
registered under Sections 307, 34 and 506 of IPC and Section 27 of Arms
Act, 1959 at Police Station Hodal District Palwal and all subsequent
proceedings arising therefrom on the basis of compromise dated 15.12.2023
(Annexure P-2) are quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
20.03.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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