Sudeep Gupta And Others v. State Of Haryana And Another

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-30393-2020 (O&M) Date of Decision:- 19.1.2021 Sudeep Gupta and others ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Deepam Raghav, Advocate, for the petitioners. Mr. Ramesh Kumar Ambavta, AAG, Haryana.

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

The petitioners have approached this Court seeking quashing of FIR No.803, dated 28.9.2016, Police Station Karnal Civil Lines, Karnal, under Sections 323, 406, 498-A, 506 IPC and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Reply by way of affidavit of Rajesh Kumar, HPS, Deputy Superintendent of Police, City Karnal, has been filed by State. The same is taken on record.

MOHAN SINGH 2021.01.19 17:33 I attest to the accuracy and integrity of this document

- 2 - CRM-M-30393-2020 (O&M) 3.

Vide order dated 30.9.2020, 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.

4.

Report of learned Judicial Magistrate 1st Class, Karnal, has been received, wherein it has been reported that the statements of petitioners/accused Sushil Kumar Gupta, Sudeep Gupta (through his Special Power of Attorney holder Sushil Kumar Gupta), Deepa Gupta and also of complainant Juhi Aggarwal have been recorded to the effect that they have compromised the matter amongst themselves. 5.

The complainant Juhi Aggarwal in her statement had stated that she has no objection in case the FIR in question is quashed. 6.

The learned Judicial Magistrate 1st Class, Karnal, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 7.

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.803, dated 28.9.2016, Police Station Karnal Civil Lines, Karnal, under Sections 323, 406, 498-A, 506 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

January 19, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.01.19 17:33 I attest to the accuracy and integrity of this document