Shubham vs State Of Haryana And Another
2024 Latest Caselaw 17345 P&H

Punjab-Haryana High Court

Shubham vs State Of Haryana And Another on 18 September, 2024

                                        Neutral Citation No:=2024:PHHC:123505



CRM-M-5311-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

271                                             CRM-M-5311-2024(O&M)
                                                Date of Decision: 18.09.2024

SHUBHAM                                               ....Petitioner
                                      VERSUS

STATE OF HARYANA AND ANOTHER                          ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Kartar Singh Malik-I, Advocate for the petitioner.

              Ms. Nidhi Garg, AAG, Haryana.

              Ms. Sukhveer Kaur, 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.0124 dated 08.04.2023 under

Sections 148, 149, 308, 323, 427, 452, 506 of IPC (Section 120-B of IPC

added later on and Section 308 of IPC has been deleted in the challan dated

01.07.2023) registered at Police Station Urban Estate, Rohtak District

Rohtak and all the subsequent proceedings arising therefrom, on the basis of

compromise dated 20.01.2024 (Annexure P-3).

2. This Court vide order dated 08.08.2024 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 Principal Magistrate, Juvenile Justice Board, Rohtak and got their

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

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Neutral Citation No:=2024:PHHC:123505

CRM-M-5311-2024(O&M)

Magistrate has submitted report dated 13.09.2024 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.0124 dated 08.04.2023

under Sections 148, 149, 308, 323, 427, 452, 506 of IPC (Section 120-B of

IPC added later on and Section 308 of IPC has been deleted in the challan

dated 01.07.2023) registered at Police Station Urban Estate, Rohtak District

Rohtak and all subsequent proceedings arising therefrom on the basis of

compromise dated 20.01.2024 (Annexure P-3) are quashed qua the

petitioner.

( MANISHA BATRA ) 18.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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