Ankit Kumar Jha vs State Of Haryana And Anr
2024 Latest Caselaw 20406 P&H

Punjab-Haryana High Court

Ankit Kumar Jha vs State Of Haryana And Anr on 18 November, 2024

                                        Neutral Citation No:=2024:PHHC:151715



CRM-M-28870-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

275                                             CRM-M-28870-2024(O&M)
                                                Date of Decision: 18.11.2024


ANKIT KUMAR JHA                                      ....Petitioner

                                     VERSUS

STATE OF HARYANA AND ANR                             ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :    Mr. Sumit Kumar, Advocate for the petitioner.

             Mr. Neeraj Poswal, AAG, Haryana.

             Mr. Ashutosh, Advocate for respondent no.2.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code of

Criminal Procedure for quashing of FIR No.0025 dated 07.02.2024 under Sections

380 of IPC registered at Police Station Udyog Vihar, District Gurugram and all the

subsequent proceedings arising therefrom, on the basis of compromise dated

17.05.2024 (Annexure P-2).

2. This Court vide order dated 10.09.2024 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.

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

learned Judicial Magistrate First Class, Gurugram and got their statements

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

submitted report dated 16.10.2024 to the effect that the compromise has been

effected between the parties voluntarily and without any coercion or undue

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Neutral Citation No:=2024:PHHC:151715

CRM-M-28870-2024(O&M)

influence. Explanation submitted by concerned Magistrate has also been

considered and perused and no further action is required thereupon.

4. Learned State counsel as well as counsel for respondent No.2 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 , this petition

is allowed and FIR No.0025 dated 07.02.2024 under Sections 380 of IPC

registered at Police Station Udyog Vihar, District Gurugram and all subsequent

proceedings arising therefrom on the basis of compromise dated 17.05.2024

(Annexure P-2) is quashed qua the petitioner.

( MANISHA BATRA ) 18.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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