RAHUL SINGH vs STATE OF HARYANA AND ANOTHER

S.

No.323 2023:PHHC:138620 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-20146 of 2023 Date of Decision:30.10.2023 Rahul Singh .....Petitioner Vs.

State of Haryana and another .....Respondents CORAM:- HON'BLE MR.

JUSTICE DEEPAK GUPTA Present:- Mr.

Ojas Bansal, Advocate for the petitioner.

Mr.

Vipul Sherwal, AAG, Haryana.

Tejas Bansal, Advocate for respondent No.3. **** DEEPAK GUPTA, J. (Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R.

No.192 dated 10.08.2021 registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station Sector 17, Faridabad, District Faridabad along with all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P.2).

This Court vide order dated 16.05.2023/01.08.2023 had directed the parties to appear before the trial Court/Area Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate Ist Class, Faridabad, and got their statements recorded.

On the basis of the statements so recorded, learned Magistrate has submitted report dated 08.09.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

1 of 2 ::: Downloaded on - 08-11-2023 23:48:51 ::: Neutral Citation No:=2023:PHHC:138620 CRM-M-20146 of 2023 -2- 2023:PHHC:138620 Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R.

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 Ve n Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R.

No.192 dated 10.08.2021 registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station Sector 17, Faridabad, District Faridabad along with all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P.2), are quashed qua the petitioner.

October 30, 2023 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Neutral Citation No:=2023:PHHC:138620 2 of 2 ::: Downloaded on - 08-11-2023 23:48:52 ::: Neutral Citation No:=2023:PHHC:138620