Mustkeem vs State Of Haryana And Another
2024 Latest Caselaw 6351 P&H

Punjab-Haryana High Court

Mustkeem vs State Of Haryana And Another on 20 March, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                                 2024:PHHC:040502


                                   In The High Court for the States of Punjab and Haryana
                                                 At Chandigarh

                                                               CRM-M-49893-2019 (O&M)
                                                               Date of Decision:- 20.03.2024


                 Mustkeem                                                            ... Petitioner

                                                        Versus

                 State of Haryana and another                                        ... Respondents


                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                 Present:-            Mr. D.S.Matya, Advocate, for the petitioner.

                                      Mr. Ramender Singh Chauhan, AAG, Haryana.

                                      Mr. Rohit Sharma, Advocate, for respondent No.2.

                                      *****

                 GURVINDER SINGH GILL, J. (Oral)

1. Petitioner-Mustkeem has approached this Court seeking quashing of

FIR No.123, dated 25.1.2011, Police Station City Panipat, District

Panipat,under Sections 420, 467, 468, 471, 120-B IPC as well as

judgment of conviction dated 25.3.2019/26.3.2019 passed by learned

Judicial Magistrate 1st Class, Panipat, and all subsequent proceedings

emanating therefrom on the basis of a compromise having been

effected between the parties.

2. Vide order dated 26.11.2019, the parties had been directed to appear

before the trial Court/Illaqa Magistrate so as to get their statements

recorded qua the factum of compromise.

3. Report of learned Additional Sessions Judge, Panipat, has been

received, wherein it has been reported that the statement of

integrity of this order/judgment CRM-M-49893-2019 (O&M) -2- 2024:PHHC:040502

petitioner/accused Mustkeem and complainant Dharambir have been

recorded to the effect that they have compromised the matter amongst

themselves.

4. The complainant Dharambir in his statement had stated that he has no

objection in case the FIR in question is quashed.

5. The learned Additional Sessions Judge, Panipat, has specifically

opined that the parties have entered into compromise voluntarily

without there being any pressure, coercion or undue influence.

6. In view of the aforesaid compromise and bearing in mind the law laid

down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052

Kulwinder Singh and others Vs. State of Punjab, the present petition

is allowed and FIR No.123, dated 25.1.2011, Police Station City

Panipat, District Panipat,under Sections 420, 467, 468, 471, 120-B

IPC and all subsequent proceedings emanating therefrom are hereby

quashed qua the petitioner and judgment of conviction dated

25.03.2019 & order of sentence dated 26.03.2019 passed by learned

Judicial Magistrate 1st Class, Panipat are set aside and the petitioner is

acquitted of the charges.

                 20.03.2024                                            (GURVINDER SINGH GILL)
                 mohan                                                         JUDGE

                                    Whether speaking /reasoned         Yes / No

                                    Whether Reportable                 Yes / No







integrity of this order/judgment