Citation : 2024 Latest Caselaw 6603 P&H
Judgement Date : 22 March, 2024
Neutral Citation No:=2024:PHHC:042225
2024:PHHC:042225
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
245 CRM-M-53797-2023
Date of Decision:22.03.2024
RITU AND ANOTHER .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Lekhraj Sharma, Advocate with
Mr. Abhishek Sharma, Advocate and
Mr. Sharma Raj Kumar Mangal Sain, Advocate
for the petitioners.
Mr. Randhir Singh, Additional AG, Haryana.
Mr. Ankit Grewal, 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.778 dated 21.08.2017, under Sections 380, 120-B
(added later on) (Section 365 IPC deleted) registered at Police Station
Chandani Bagh, District Panipat and all subsequent proceedings arising
therefrom on the basis of compromise dated 21.08.2022 (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
Additional Chief Judicial Magistrate, Panipat and got their statements
recorded. On the basis of the statements so recorded, Learned Magistrate has
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Neutral Citation No:=2024:PHHC:042225
CRM-M-53797-2023 -2- 2024:PHHC:042225
submitted report dated 16.03.2024 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.778 dated 21.08.2017, under Sections 380, 120-
B (added later on) (Section 365 IPC deleted) registered at Police Station
Chandani Bagh, District Panipat and all subsequent proceedings arising
therefrom on the basis of compromise dated 21.08.2022 (Annexure P-2)are
quashed qua the petitioner.
( DEEPAK GUPTA )
JUDGE
22.03.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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