Raghubir Singh And Anr vs State Of Haryana And Others
2024 Latest Caselaw 19860 P&H

Punjab-Haryana High Court

Raghubir Singh And Anr vs State Of Haryana And Others on 8 November, 2024

                                      Neutral Citation No:=2024:PHHC:146070




      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

      235                                CRM-M M No.7690 of 2024
                                         Date of decision: 08.11.2024


RAGHUBIR SINGH AND ANOTHER                                      .... Petitioners

                                               Versus
STATE OF HARYANA AND OTHERS                                     .... Respondents

CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present :    Mr. Sunil K. Tandon,, Advocate for the petitioners
             Mr
             ( Through Video Conference).

             Ms. Nidhi Garg, A.A.G., Haryana.
                                     Haryana.

             Mr. Aneesh Chopra and Mr. Akash Juneja, Advocate
             for respondents
                 respondent No.2 & 3 ( Through Video Conference).

                   ****

MANISHA BATRA, BATRA J. (oral)

1. The present petition has been filed for quashing of FIR No.16

dated 02.08.2020 registered under Sections 420, 406, 506 of IPC (Section 120 120--

B of IPC added later on) at Police Station Sector Sector-17 17 HUDA, District Yamuna

Nagar and all the subsequent proceedings arising therefrom, on the basis of

compromise/affidavit dated 24.11.2023 (Annexure P P-2).

2. This Court vide order dated 29.04.2024 and thereafter vide order

dated 13.09.2024 had directed the parties to appear bef before ore the trial Court to get

their statements recorded and the learned Magistrate was directed to send its

report qua the genuineness of the compromise.

3. Pursuant to the aforesaid orders, order , parties have appeared before the

learned Judicial Magistrate Ist Class, C , Jagadhri and got their statements

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Neutral Citation No:=2024:PHHC:146070

CRM-M

recorded. On the basis of the statements so recorded, learned Judge has

submitted report dated 15.10.2024 .2024 to the effect that the compromise has been

effected between the parties voluntarily and without any coercion oorr undue

influence.

4. Learned State counsel as well as counsel for respondent respondents No.2 and

3 have not disputed the factum of compromise between the parties.

5. In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant FIR.

6. 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 303 303,,

this petition is allowed and FIR No.16 dated 02.08.2020 registered under

Sections 420, 406, 506 of IPC (Section 120-B 120 B of IPC added later on) at Police

Station Sector-17 Sector 17 HUDA, District Yamuna N Nagar and all subsequent

proceedings arising therefrom on the basis of compromise compromise/affidavit dated

24.11.2023 (Annexure P-2) P ) are quashed qua the petitioners petitioners.

(MANISHA BATRA) 08.11.2024 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No

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