Gagan And Others vs State Of Haryana And Others
2024 Latest Caselaw 20280 P&H

Punjab-Haryana High Court

Gagan And Others vs State Of Haryana And Others on 14 November, 2024

                                       Neutral Citation No:=2024:PHHC:148946



CRM-M-22051-2024(O&M)
                                 1




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

258                                            CRM-M-22051-2024(O&M)
                                               Date of Decision: 14.11.2024


GAGAN AND OTHERS                                      ....Petitioners
                                     VERSUS
STATE OF HARYANA AND OTHERS                          ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Sukhdeep Singh, Advocae for the petitioners.

              Mr. Arjun Lakhanpal, Addl. A.G. Haryana for respondent no.1.

              Ms. Sujata, Advocate for
              Mr. Kamlesh for respondents Nos. 2 to 5.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code

of Criminal Procedure for quashing of FIR No.120 dated 10.04.2024 under

Sections 120-B, 148, 149, 308, 323, 452, 506, 509 of IPC registered at

Police Station Civil Lines, District Karnal and all the subsequent

proceedings arising therefrom, on the basis of compromise dated 27.04.2024

(Annexure P-2).

2. Vakalatnama has been filed on behalf of respondents nos 2 to 5.

The same is taken on record and be tagged at the appropriate place.

3. This Court vide order dated 03.05.2024 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.

1 of 2

Neutral Citation No:=2024:PHHC:148946

CRM-M-22051-2024(O&M)

4. Pursuant to the aforesaid order, parties have appeared before the

learned Chief Judicial Magistrate, Karnal and got their statements recorded.

On the basis of the statements so recorded, learned Magistrate has submitted

report dated 05.08.2024 to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influence.

5. Learned State counsel as well as counsel for respondents Nos.2

to 5 have not disputed the factum of compromise between the parties.

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

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

7. 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.120 dated 10.04.2024

under Sections 120-B, 148, 149, 308, 323, 452, 506, 509 of IPC registered at

Police Station Civil Lines, District Karnal and all subsequent proceedings

arising therefrom on the basis of compromise dated 27.04.2024 (Annexure

P-2) are quashed qua the petitioners.

( MANISHA BATRA ) 14.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

2 of 2