Citation : 2024 Latest Caselaw 10368 P&H
Judgement Date : 14 May, 2024
Neutral Citation No:=2024:PHHC:067553
2024:PHHC:067553
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
285 CRM-M-6815-2024
Date of Decision:14.05.2024
VIJAY AND OTHERS .....Petitioners
Vs.
STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Ms. Prarthana Duggal, Advocate
for the petitioners.
Mr. Randhir Singh, Additional AG, Haryana.
Mr. Abhishek Taya, Advocate for
Mr. Pradeep Chhhoker, Advocate for respondent No.2.
****
DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.249 dated 10.07.2023, under Sections 120-B, 409 and
420 IPC, registered at Police Station Bilaspur, District Yamunagar and all
subsequent proceedings arising therefrom on the basis of compromise dated
03.02.2024 (Annexure P-2).
This Court vide order dated 08.02.2024 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
Sub Divisional Judicial Magistrate, Bilaspur, District Yamanunagar and got
their statements recorded. On the basis of the statements so recorded,
Learned Magistrate has submitted report dated 21.03.2024 to the effect that
the compromise has been effected between the parties voluntarily and
without any coercion or undue influence.
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Neutral Citation No:=2024:PHHC:067553
CRM-M-6815-2024 -2- 2024:PHHC:067553
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 FIR No.249 dated 10.07.2023, under
Sections 120-B, 409 and 420 IPC, registered at Police Station Bilaspur,
District Yamunagar and all subsequent proceedings arising therefrom on the
basis of compromise dated 03.02.2024 (Annexure P-2) are quashed qua the
petitioners.
( DEEPAK GUPTA )
JUDGE
14.05.2024
pry
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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