High Court of Punjab and HaryanaCRM-M/32195/2019disposed of

Jai Bhagwan v. State Of Haryana And Another

2020-02-27Mr. Justice Ramendra Jain2 pages

CRM-M-32195-2019 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-32195-2019 Date of Decision: 27.02.2020 Jai Bhagwan .... Petitioner

Versus

State of Haryana and another .... Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Vishal Sharma Haritwal, Advocate for the petitioners. Mr. Chetan Sharma, AAG, Haryana.

Mr. Tapish Kumar Gupta, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing Criminal Complaint No. CRL-123 of 2016 instituted on 21.07.2014 (Annexure P-1), filed under Sections 420, 467, 468 and 471 IPC as well as setting aside the judgment of conviction dated 24.08.2018 and order of sentence dated 27.08.2018 (Annexure P-2) and all subsequent proceedings arising therefrom, on the basis of compromise dated 17.07.2019 (Annexure P-3) effected in between the parties. Pursuant to orders dated 21.01.2020 of this Court, the parties appeared before the Additional District and Sessions Judge, Kaithal, on 31.01.2020 to get their statements recorded. Learned Additional District and Sessions Judge, Kaithal, submitted her report vide letter No. 76 dated 05.02.2020, duly forwarded by the learned District and Sessions Judge, RISHU KATARIA 2020.03.03 10:32 I attest to the accuracy and integrity of this document

CRM-M-32195-2019 -2Kaithal, vide letter No. 296 dated 07.02.2020. According to the report, learned Additional District and Sessions Judge, Kaithal, is satisfied that compromise effected between the parties is genuine and voluntary, without any threat, influence or coercion.

In compliance of order dated 21.01.2020, copy of receipt regarding deposit of costs of `30,000/- duly attested by learned counsel for the petitioner has also been produced in Court today. The same is taken on record. Be tagged at appropriate place. Considering the report of Additional District and Sessions Judge, Kaithal, dated 05.02.2020 and deposit of costs as well as the fact that the compromise will bring peace and harmony between the parties, aforesaid Criminal Complaint No. CRL-123 of 2016 instituted on 21.07.2014 (Annexure P-1); judgment of conviction dated 24.08.2018 and order of sentence dated 27.08.2018 (Annexure P-2) and all subsequent proceedings arising therefrom, are quashed, qua the petitioner only.

Registry is directed to verify deposit of aforesaid costs, with the concerned quarter.

Disposed of, accordingly February 27, 2020 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2020.03.03 10:32 I attest to the accuracy and integrity of this document