Amit Khitha @ Amit Kumar v. State Of Haryana And Another

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-27261-2023 (O&M) Date of Decision:- 24.07.2024 Amit Khitha @ Amit Kumar ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vishal Sharda, Advocate, for the petitioner. Mr. Vishal Kashyap, DAG, Haryana.

Mr. Vishal Jassal, Advocate, for respondent No.2. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioner-Amit Khitha @ Amit Kumar has approached this Court seeking quashing of FIR No.402, dated 08.11.2021, Police Station Arya Nagar, District Rohtak, under Sections 323, 324, 506 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 29.05.2023, 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, Rohtak, has been received, wherein it has been reported that the statement of MOHAN SINGH 2024.07.24 17:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-27261-2023 (O&M) - 2 - petitioner/accused Amit Khitha @ Amit Kumar and complainant Sona Khitha have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant Sona Khitha in her statement had stated that she has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Rohtak, 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.402, dated 08.11.2021, Police Station Arya Nagar, District Rohtak, under Sections 323, 324, 506 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner.

24.07.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.07.24 17:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh