Vikas Aggarwal v. State Of Haryana And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-27554-2022 (O&M) Date of Decision:-18.7.2022 Vikas Aggarwal ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Aman Bansal, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana.

Ms. Supriya Garg, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioner has approached this Court seeking quashing FIR No.0399 dated 12.11.2021, Police Station Gadpuri, District Palwal, under Sections 406 and 420 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties. 2.

Vide order dated 29.6.2022, the parties had been directed to appear before the Trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Palwal has been received, wherein it has been reported that statements of petitioner/accused Vikas Aggarwal and also of respondent No.2 namely Ashwani Kumar have been PANKAJ KAKKAR 2022.07.18 18:15 I attest to the authenticity and integrity of this document

( 2 ) CRM-M-27554-2022 (O&M) recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2 namely Ashwani Kumar in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Palwal has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or 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.0399 dated 12.11.2021, Police Station Gadpuri, District Palwal, under Sections 406 and 420 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 18.7.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.07.18 18:15 I attest to the authenticity and integrity of this document