Citation : 2024 Latest Caselaw 17457 P&H
Judgement Date : 19 September, 2024
MOHIT 2024.09.20 16:00 AUS PHHC eat IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 271 CRM-M-38918-2024 Date of Decision: 19.09.2024 MD MURSHID ...Petitioner Versus STATE OF HARYANA AND ANOTHER ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- § Mr. Mohit Saini, Advocate for Mr. Kushagra Beniwal, Advocate for the petitioner. Mr. Neeraj Poswal, AAG, Haryana. Mr. Yoginder Rana, Advocate for Mr. Ketan Antil, Advocate for respondent No.2. 3h ie 2K 3k 2 MANISHA BATRA, J. (Oral)
1. The present petition has been filed under Section 482 of Code
of Criminal Procedure for quashing of FIR No.31 dated 01.02.2024 registered under Section 420 of IPC at Police Station Cyber West, Gurugram and all the subsequent proceedings arising therefrom, on the basis of compromise dated NIL (Annexure P-2).
2. This Court vide order dated 12.08.2024 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 Judicial Magistrate Ist Class, Gurugram and got their statements recorded. On the basis of the statements so recorded, learned Judge has submitted report dated 10.09.2024 to the effect that the compromise has been effected
between the parties voluntarily and without any coercion or undue influence.
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MOHIT 2024.09.20 16:00
CRM-M-38918-2024
2024 PAH tad
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.31 dated 01.02.2024 registered under Section 420 of IPC at Police Station Cyber West, Gurugram and all the subsequent proceedings arising therefrom, on the basis of compromise
dated NIL (Annexure P-2) are quashed qua the petitioner.
(MANISHA BATRA) September 19, 2024 JUDGE Mohit Bishnoi Whether speaking/reasoned Yes/No Whether reportable Yes/No
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