Citation : 2024 Latest Caselaw 6369 P&H
Judgement Date : 20 March, 2024
Neutral Citation No:=2024:PHHC:040404
2024:PHHC:040404
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
289 CRM-M-2021-2024
Date of Decision:20.03.2024
USMAN SAIF .....Petitioner
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Parveen Moudgil, Advocate for the petitioner.
Mr. Randhir Singh, Additional AG, Haryana.
Mr. Ajay Gupta, Advocate
for respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of charge sheet No.1A, dated 21.10.2018 registered in case F.I.R.
No.227 dated 10.03.2015, under Sections 420, 467, 468, 471 and 506 of IPC
at Police Station Chandibagh, District Panipat (Haryana) and all subsequent
proceedings arising therefrom on the basis of compromise deed dated
30.08.2023 (Annexure P-3).
This Court vide order dated 31.01.2024 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, Panipat and got their statements
recorded. On the basis of the statements so recorded, Learned Magistrate has
submitted report dated 15.03.2024 to the effect that the compromise has
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Neutral Citation No:=2024:PHHC:040404
CRM-M-2021-2024 -2- 2024:PHHC:040404
been effected between the parties voluntarily and without any coercion or
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 charge sheet No.1A, dated 21.10.2018
registered in case F.I.R. No.227 dated 10.03.2015, under Sections 420, 467,
468, 471 and 506 of IPC at Police Station Chandibagh, District Panipat
(Haryana) and all subsequent proceedings arising therefrom on the basis of
compromise deed dated 30.08.2023 (Annexure P-3) 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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