Punjab-Haryana High Court
Sanjay Kumar And Another vs State Of Haryana And Another on 23 September, 2024
Neutral Citation No:=2024:PHHC:125742
CRM-M-6351-2024(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
274 CRM-M-6351-2024(O&M)
Date of Decision: 23.09.2024
SANJAY KUMAR AND ANOTHER ....Petitioners
VERSUS
STATE OF HARYANA AND ANOTHER ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Kartar Singh, Advocate for the petitioners.
Ms. Nidhi Garg, AAG, Haryana.
Mr. H.N. Sahu, Advocate for respondent no.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.13 dated 01.02.2023 under
Sections 419, 420, 467, 468, 471, 120-B of IPC registered at Police Station
DLF Phase-II, Gurugram and all the subsequent proceedings arising
therefrom, on the basis of compromise dated 30.01.2024 (Annexure P-2).
2. This Court vide order dated 14.08.2024 had directed the parties
to appear before the Illaqa/Duty Magistrate 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 Ist Class, Gurugram 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:125742
CRM-M-6351-2024(O&M)
submitted report dated 06.09.2024 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
undue influence. It is also mentioned in the report that there are five accused
namely Gurupreet Singh @ Narpinderjeet, Dharampal, Sanjay Chabarbal,
Vipul and Amit Redhy who have been arrayed in this case. However,
through this petition only the petitioners namely Sanjay Kumar and
Dharampal and the complainant have compromised the matter. Separate
statements of present petitioners and complainant/respondent No.2 as well as
the Investigating Officer had been recorded. It is also mentioned that one
another FIR has been lodged against the petitioner - Sanjay Kumar whereas
Dharampal is not involved in any other case. It is further mentioned in the
report that neither of the petitioners has been declared proclaimed person in
this case.
4. The factum of compromise having arrived at between the
parties has not been disputed by learned State counsel as well as counsel for
respondent No.2. Learned State counsel, however, has submitted that it is a
case of partial compromise as the co-accused is not a party to the same and it
might have repercussions upon the trial. In the opinion of this Court, since it
has come on record that the compromise has been effected between the
parties to maintain peace and harmony and as there are bleak chances of
conviction of the petitioner, therefore, partial quashing or part quashing of
the FIR qua the petitioners only, can be allowed. In this regard reliance can
be placed upon the observations made by Delhi High Court in "Sunil Tomar
Vs. State of NCT of Delhi", 2022(2) Crl. CC 179 and "Lovely Salhotra
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CRM-M-6351-2024(O&M)
and another vs. State of NCT of Delhi", (2018) 12 SCC 391 as well as
judgments passed by the co-ordinate Bench of this Court in "Parambir
Singh Gill vs. Malkiat Kaur", 2010 (1) RCR (Criminal) 256 and "Samay
Singh vs. State of Haryana" 2023 NCPHHC 99612.
5 As per the discussion so made 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.13 dated 01.02.2023 under
Sections 419, 420, 467, 468, 471, 120-B of IPC registered at Police Station
DLF Phase-II, Gurugram and all subsequent proceedings arising therefrom
on the basis of compromise dated 30.01.2024 (Annexure P-2) are quashed
qua the present petitioners herein only.
( MANISHA BATRA )
23.09.2024 JUDGE
Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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