Citation : 2024 Latest Caselaw 18644 P&H
Judgement Date : 21 October, 2024
Neutral Citation No:=2024:PHHC:137454
CRM-M-44459-2024 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
282 CRM-M-44459-2024
Date of decision: 21st October, 2024
Parveen Kumar
...Petitioner
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present: Mr. Dharamvir Sharma, Advocate for the petitioner.
Mr. Neeraj Poswal, AAG, Haryana.
Mr. Manish Boora, Advocate for respondent No.2.
***
MANISHA BATRA, J (ORAL):-
Prayer in this petition filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') is for quashing of FIR
No. 272 dated 24.11.2022 registered under Sections 323, 452 and 506 of
IPC, 1860 at Police Station Manesar, District Gurugram and all subsequent
proceedings arising therefrom on the basis of compromise deed dated
06.08.2024 (Annexure P-2).
2. This Court vide order dated 09.09.2024 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.
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Neutral Citation No:=2024:PHHC:137454
3. Pursuant to the aforesaid order, parties have appeared before
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 influence.
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 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. 272 dated 24.11.2022 registered under
Sections 323, 452 and 506 of IPC, 1860 at Police Station Manesar, District
Gurugram and all subsequent proceedings arising therefrom on the basis of
compromise deed dated 06.08.2024 (Annexure P-2) are quashed qua the
petitioner.
[MANISHA BATRA] JUDGE 21st October, 2024 Parveen Sharma
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No
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