Citation : 2024 Latest Caselaw 16102 P&H
Judgement Date : 3 September, 2024
Neutral Citation No:=2024:PHHC:114828
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
269 CRM-M-14542-2024(O&M)
Date of Decision: 03.09.2024
ROHTASH ....Petitioner
VERSUS
STATE OF HARYANA AND ANOTHER ....Respondent
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Rajesh Bansal, Advocate for the petitioner.
Mr. Neeraj Poswal, AAG, Haryana.
Mr. Arun Gupta, 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.0364 dated 24.11.2020 under
Sections 186, 324, 332, 353, 506 of IPC registered at Police Station Israna
District Panipat and all the subsequent proceedings arising therefrom, on the
basis of compromise dated 16.03.2024 (Annexure P-2).
2. This Court vide order dated 01.04.2024 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
Judicial Magistrate 1st Class, Panipat and got their statements recorded. On
the basis of the statements so recorded, learned Magistrate has submitted
1 of 2
Neutral Citation No:=2024:PHHC:114828
CRM-M-14542-2024(O&M) -2-
report dated 25.04.2024 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 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.0364 dated 24.11.2020
under Sections 186, 324, 332, 353, 506 of IPC registered at Police Station
Israna District Panipat and all subsequent proceedings arising therefrom on
the basis of compromise dated 16.03.2024 (Annexure P-2) are quashed qua
the petitioner.
( MANISHA BATRA ) 03.09.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
2 of 2
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