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High Court of Punjab and HaryanaCRM-M/33854/2020allowed

Vipin Kumar Jain And ORS v. State Of Haryana And Another

2020-12-11Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-33854 of 2020 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-33854 of 2020 (O&M) Date of Decision: 11.12.2020 Vipin Kumar Jain and Ors.

......Petitioners

Versus

State of Haryana and Anr.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Arjun Singh, Advocate for the petitioners. Ms. Mahima Yashpal, DAG, Haryana.

Mr. Harjit Yadav, Advocate for respondent No.2. HARINDER SINGH SIDHU, J Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.511 dated 11.09.2020 under Sections 120-B,34,500 IPC and Section 67 of Information Technology Act, 2000 registered at P.S City Narnaul, District Mohindergarh and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise (P.2) entered into between the parties. Notice of motion was issued. Learned State counsel as well as learned counsel for respondent No.2 appeared. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. Vide order dated 27.10.2020, the parties were directed to appear before the trial Court/Area Magistrate for getting their statements recorded with regard to the compromise.

A report dated 24.11.2020 of learned Chief Judicial Magistrate, Narnaul has been received. As per the report, the parties had appeared before learned CJM, Narnaul and got recorded their statements regarding MANOJ KUMAR 2020.12.11 18:20 I attest to the accuracy and integrity of this document

CRM-M-33854 of 2020 (O&M) #2# compromise. Learned Magistrate has stated that he is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

Keeping in view the above facts, I am of the considered opinion that it is a fit case in which the impugned FIR is liable to be quashed. Therefore, the present petition is allowed. FIR No.511 dated 11.09.2020 under Sections 120-B,34,500 IPC and Section 67 of Information Technology Act, 2000 registered at P.S City Narnaul, District Mohindergarh, along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners.

December 11, 2020 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2020.12.11 18:20 I attest to the accuracy and integrity of this document