Citation : 2025 Latest Caselaw 2546 P&H
Judgement Date : 21 February, 2025
Neutral Citation No:=2025:PHHC:026022
CRM-M-64193-2024(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
273 CRM-M-64193-2024(O&M)
Date of Decision: 21.02.2025
HARSIMRAN SINGH AND ORS ....Petitioners
VERSUS
STATE OF HARYANA AND ORS ....Respondents
CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Sanjeev Majra, Advocate for the petitioners.
Mr. Rajiv Sidhu, DAG, Haryana.
Mr. Ajay Kumar Dahiya, Advocate for respondents no. 2 & 3.
MANISHA BATRA, J. (Oral)
The present petition has been filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.96 dated
18.06.2024 under Sections 406, 420 of IPC and Sections 10, 24 of
Immigration Act registered at Police Station Jhansa, District Kurukshetra
and all the subsequent proceedings arising therefrom, on the basis of
compromise dated 12.12.2024 (Annexure P-2).
2. This Court vide order dated 14.01.2025 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, Kurukshetra and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
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Neutral Citation No:=2025:PHHC:026022
CRM-M-64193-2024(O&M)
submitted report dated 13.02.2025 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 &
3 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.96 dated 18.06.2024 under
Sections 406, 420 of IPC and Sections 10, 24 of Immigration Act registered
at Police Station Jhansa, District Kurukshetra and all subsequent
proceedings arising therefrom on the basis of compromise dated 12.12.2024
(Annexure P-2) are quashed qua the petitioners.
( MANISHA BATRA ) 21.02.2025 JUDGE Deepak Patwal
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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