Balpreet Singh Bhatia vs State Of Haryana And Another
2024 Latest Caselaw 20841 P&H

Punjab-Haryana High Court

Balpreet Singh Bhatia vs State Of Haryana And Another on 22 November, 2024

                                        Neutral Citation No:=2024:PHHC:154653



CRM-M-47148-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

267                                             CRM-M-47148-2024(O&M)
                                                Date of Decision: 22.11.2024


BALPREET SINGH BHATIA                                 ....Petitioner
                      VERSUS
STATE OF HARYANA AND ANOTHER                          ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Damanjeet Bhoriwal, Advocate for the petitioner.

              Ms. Nidhi Garg, AAG, Haryana.

              Mr. Pranav Chamoli, Advocate for respondent no.2.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 528 of

Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.253 dated

28.02.2020 under Sections 506 of IPC registered at Police Station Thanesar

City, District Kurukshetra and all the subsequent proceedings arising

therefrom, on the basis of compromise dated 11.02.2021 and affidavit dated

23.08.2021 (Annexures P-4 & P-5).

2. This Court vide order dated 23.09.2024 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 Chief Judicial Magistrate, Kurukshetra and got their statements

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Neutral Citation No:=2024:PHHC:154653

CRM-M-47148-2024(O&M)

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

submitted report dated 19.10.2024 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence. Statement of injured namely Harsharan Singh has also been

recorded.

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.253 dated 28.02.2020

under Sections 506 of IPC registered at Police Station Thanesar City,

District Kurukshetra and all subsequent proceedings arising therefrom on the

basis of compromise dated 11.02.2021 and affidavit dated 23.08.2021

(Annexures P-4 & P-5) are quashed qua the petitioner.

( MANISHA BATRA ) 22.11.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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