Nitin Alias Neta And Ors vs State Of Haryana And Anr
2024 Latest Caselaw 17668 P&H

Punjab-Haryana High Court

Nitin Alias Neta And Ors vs State Of Haryana And Anr on 23 September, 2024

                                        Neutral Citation No:=2024:PHHC:125864



CRM-M-39844-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

281                                             CRM-M-39844-2024(O&M)
                                                Date of Decision: 23.09.2024


NITIN ALIAS NETA AND ORS.                                    ....Petitioners
                        VERSUS
STATE OF HARYANA AND ANR                                     ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Devender Arya, Advocate for the petitioners.

              Ms. Nidhi Garg, AAG, Haryana.

              Ms. Anjali, 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.460 dated 26.12.2023 under

Sections 307, 427, 34 and 506 of IPC and Section 25 of Arms Act (Section

25 of Arms Act has been deleted later on) registered at Police Station

Mahendergarh, District Mahendergarh and all the subsequent proceedings

arising therefrom, on the basis of compromise dated 22.02.2022 (Annexure

P-3).

2. This Court vide order dated 14.08.2024 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 Judicial Magistrate 1st Class, Mohindergarh and got their statements

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

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Neutral Citation No:=2024:PHHC:125864

CRM-M-39844-2024(O&M)

submitted report dated 17.09.2024 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence. Statements of the complainant and other eye witnesses

/victims who were not impleaded as parties were also recorded and have

been annexed with the report.

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.460 dated 26.12.2023

under Sections 307, 427, 34 and 506 of IPC and Section 25 of Arms Act

(Section 25 of Arms Act has been deleted later on) registered at Police

Station Mahendergarh, District Mahendergarh and all subsequent

proceedings arising therefrom on the basis of compromise dated 22.02.2022

(Annexure P-3) are quashed qua the petitioners.

( MANISHA BATRA ) 23.09.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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