Citation : 2024 Latest Caselaw 17814 P&H
Judgement Date : 24 September, 2024
Neutral Citation No:=2024:PHHC:126777
CRM-M-40369-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
275 CRM-M-40369-2024(O&M)
Date of Decision: 24.09.2024
DEEPAK KUMAR AND ANOTHER ....Petitioners
VERSUS
STATE OF HARYANA AND ANOTHER ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Sarvjit Singh Khurana, Advocate for the petitioners.
Ms. Nidhi Garg, AAG, Haryana.
Ms. Jitender 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.419 dated 17.10.2023 under
Sections 420, 468 and 471 of IPC registered at Police Station Narwana City,
District Jind and all the subsequent proceedings arising therefrom, on the
basis of compromise dated 05.07.2024 (Annexure P-2).
2. This Court vide order dated 21.08.2024 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 Sub-Divisional Judicial Magistrate, Narwana and got their
statements recorded. On the basis of the statements so recorded, learned
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Neutral Citation No:=2024:PHHC:126777
CRM-M-40369-2024(O&M)
Magistrate 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.
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.419 dated 17.10.2023
under Sections 420, 468 and 471 of IPC registered at Police Station Narwana
City, District Jind and all subsequent proceedings arising therefrom on the
basis of compromise dated 05.07.2024 (Annexure P-2) are quashed qua the
petitioners.
( MANISHA BATRA ) 24.09.2024 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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