Vinod Kumar And Another v. State Of Haryana And Another

2024:PHHC:043931 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-8608-2024 (O&M) Date of Decision:-2.4.2024 Vinod Kumar and another ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Bhisham Kumar Majoka, Advocate for the petitioners. Mr. Rajinder Singh, DAG, Haryana.

Mr. Karan Singh Sura, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.654, dated 26.8.2023 registered at Police Station Azad Nagar, Hisar, District Hisar under Sections 406, 420 of Indian Penal Code, wherein offences under Sections 467, 468, 471, 120-B of Indian Penal Code were added later on, and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 19.2.2024, the parties had been directed to appear before the Trial Court/Duty Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Hisar has been received, wherein it has been reported that statements of petitioners/accused Vinod Pankaj Kakkar 2024.04.02 15:47 I attest to the accuracy and authenticity of this document

CRM-M-8608-2024 (O&M) ( 2 ) 2024:PHHC:043931 Kumar, Naveen Kumar and also of respondent No.2/complainant Amarjeet have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2/complainant Amarjeet in his statements has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Hisar has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.654, dated 26.8.2023 registered at Police Station Azad Nagar, Hisar, District Hisar under Sections 406, 420 of Indian Penal Code, wherein offences under Sections 467, 468, 471, 120-B of Indian Penal Code were added later on and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

2.4.2024 ( Gurvinder Singh Gill ) pankaj/geeta Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.04.02 15:47 I attest to the accuracy and authenticity of this document