Punjab-Haryana High Court
Subhash Badana Alias Subhash Chand And ... vs State Of Haryana And Others on 20 March, 2024
Neutral Citation No:=2024:PHHC:040557
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CRM-M-55560-2023 (O&M)
Decided on: 20.03.2024
2024:PHHC: 040557
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SUBHASH BADANA @ SUBHASH CHAND AND OTHERS
. . . . Petitioners
Vs.
STATE OF HARYANA AND OTHERS
. . . . Respondents
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CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA
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Present:- Mr. Rakesh Dhiman, Advocate, for the petitioners.
Mr.Randhir Singh, Addl. A.G., Haryana,
for respondent No.1.
Mr.Gautam Diwan, Advocate,
for respondents No.2 to 4.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.163 dated 14.06.2023, under Sections 120-B, 419,
420, 467, 468, 471 & 472 IPC registered at Police Station Bhondsi,
Gurugram, District Gurugram (Annexure P1) and all subsequent proceedings
arising therefrom on the basis of compromise-cum-memorandum of
settlement dated 19.09.2023 (Annexure P-2).
2. This Court vide order dated 06.11.2023 had directed the parties
to appear before the trial Court/Area Magistrate to get their statements
recorded and the ld. trial Court/Area Magistrate was directed to send its
report qua the genuineness of the compromise.
3. Pursuant to the aforesaid order, respondents No.2 & 4 had
appeared before ld. JMIC, Sohna on 18.12.2023 and got their statements
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recorded. But statement of respondent No.3-Nainika Sharma could not be
recorded as she was in abroad at that time. On the basis of the statements so
recorded, ld. JMIC had submitted report dated 18.12.2023 to the effect that
the compromise has been effected between the parties voluntarily and
without any coercion or undue influence.
4. Thereafter, this Court vide order dated 31.01.2024 had directed
respondent No.3 to appear before the trial Court to get her statement
recorded through video conferencing as permissible under Rules.
5. Pursuant to the aforesaid order, respondent No.3 has appeared
before ld. JMIC, Sohna through video conferencing on 20.02.2024 and got
her statement recorded. On the basis of the statement so recorded, ld. JMIC
has submitted report dated 20.02.2024 to the effect that the compromise has
been effected between the parties voluntarily and out of her free will.
6. Learned State counsel as well as counsel for respondent Nos.2
to 4 have not disputed the factum of compromise between the parties.
7. 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.
8. 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. F.I.R. No.163 dated 14.06.2023, under
Sections 120-B, 419, 420, 467, 468, 471 & 472 IPC registered at Police
Station Bhondsi, Gurugram, District Gurugram (Annexure P1) and all
subsequent proceedings arising therefrom on the basis of compromise-
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CRM-M-55560-2023 2024:PHHC: 040557
memorandum of settlement dated 19.09.2023 (Annexure P-2), are quashed
qua the petitioners.
20.03.2024 (DEEPAK GUPTA)
Vivek JUDGE
Whether speaking/reasoned? Yes
Whether reportable? No
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