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High Court of Punjab and HaryanaCRM-M/26682/2020allowed

Surender Alias Happy Alias Savinder Pal Singh v. State Of Haryana And Another

2020-12-16Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-26682-2020 (O&M) Date of Decision:- 16.12.2020 Surender Alias Happy @ Savinder Pal Singh ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.C.Shahpuri, Advocate, for the petitioner. Mr. Ramesh Kumar Ambavta, AAG, Haryana.

Mr. Satish Kumar Saini, Advocate, for respondent No.2. (Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.641, dated 15.8.2019, Police Station City Panipat, District Panipat, under Sections 420, 406, 506 IPC and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 8.9.2020, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Chief Judicial Magistrate, Panipat, has been received, wherein it has been reported that the statements of MOHAN SINGH 2020.12.16 19:25 I attest to the accuracy and integrity of this document

- 2 - CRM-M-26682-2020 (O&M) petitioner/accused Surender Alias Happy @ Savinder Pal Singh and also of complainant Sukhwinder Singh have been recorded to the effect that they have compromised the matter amongst themselves. 3.

The complainant Sukhwinder Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 4.

The learned Chief Judicial Magistrate, Panipat, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 5.

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.641, dated 15.8.2019, Police Station City Panipat, District Panipat, under Sections 420, 406, 506 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

December 16, 2020 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2020.12.16 19:25 I attest to the accuracy and integrity of this document