Amanpreet v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

2024:PHHC:005452
CRM-M-39347-2023
Date of decision: January 16, 2024
AMANPREET
.....Petitioner
Versus
STATE OF HARYANA AND OTHERS
.....Respondents

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Sudhir Rana, Advocate
for the petitioner.
Ms. Jasleen Chahal, Assistant Advocate General, Haryana.
Mr. Pawan Kumar, Advocate
for respondents No.2-5.


MANJARI NEHRU KAUL, J. (ORAL)


1.

The petitioner in the instant petition filed under Section 482 Cr.P.C. is seeking quashing of FIR No.405 dated 18.12.2019 (Annexure P-1) under Sections 406, 420, 506, 120-B of the Indian Penal Code, 1860 and Section 24 of the Immigration Act, 1983, registered at Police Station Tarori, District Karnal, along with all consequential proceedings arising therefrom on the basis of the compromise deeds dated 27.12.2022 (Annexure P-2) and 02.08.2023 (Annexure P-7) effected between the parties.
2.

Vide order dated 08.12.2023 passed by this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

Jaspreet Kaur 2024.01.16 19:35 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-39347-2023 -2-
3.

Report has since been received from learned Additional Sessions Judge, Karnal, in pursuance of the direction of this Court, wherein the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will, and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioner, is quashed.
4.

The trial Court has annexed photocopies of the statements of the parties, alongwith its report.
5.

Learned State counsel submits that there are no other accused other than the petitioner and respondents No.2 to 5 are the only aggrieved persons in the FIR in question.
6.

In view of the report of the learned Additional Sessions Judge, Karnal, and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it qua the petitioner, are quashed.
7.

Needless to say, the parties shall remain bound by the terms of compromise and their statements recorded before the trial Court below.
January 16, 2024 (MANJARI NEHRU KAUL)
Jaspreet Kaur JUDGE
Whether speaking/reasoned :

Yes/No
Whether reportable :

Yes/No
Jaspreet Kaur 2024.01.16 19:35 I attest to the accuracy and integrity of this document Chandigarh