Citation : 2024 Latest Caselaw 6601 P&H
Judgement Date : 22 March, 2024
Neutral Citation No:=2024:PHHC:042205
2024:PHHC:042205
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
246 CRM-M-61263-2023
Date of Decision:22.03.2024
DEEPIKA GOEL ALIAS RADHIKA AND ANOTHER .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Karamveer Singh Banyana, Advocate for the petitioners.
Mr. Randhir Singh, Additional AG, Haryana.
Mr. Vikas Kumar, Advocate for
Mr. B.D. Sharma, 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.0042 dated 08.02.2023, under Sections 120-B, 406
and 420 of IPC (Sections 34, 35, 119, 166, 167, 409, 465, 467, 468 and 471
of IPC added later on) registered at Police Station Hisar Civil Lines, District
Hisar and all subsequent proceedings arising therefrom on the basis of
compromise deed dated 05.09.2023 (Annexure P-2).
This Court vide order dated 01.02.2024 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
Judicial Magistrate Ist Class, Hisar and got their statements recorded. On the
basis of the statements so recorded, Learned Magistrate has submitted report
1 of 2
Neutral Citation No:=2024:PHHC:042205
CRM-M-61263-2023 -2- 2024:PHHC:042205
dated 26.02.2024 to the effect that the compromise has 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.0042 dated 08.02.2023, under Sections 120-B,
406 and 420 of IPC (Sections 34, 35, 119, 166, 167, 409, 465, 467, 468 and
471 of IPC added later on) registered at Police Station Hisar Civil Lines,
District Hisar and all subsequent proceedings arising therefrom on the basis
of compromise deed dated 05.09.2023 (Annexure P-2) are quashed qua the
petitioner.
( DEEPAK GUPTA )
JUDGE
22.03.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
2 of 2
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