Vipin Kumar Yadav And Another v. State Of Haryana And Another

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-48255-2021 (O&M) Date of Decision:- 02.8.2022 Vipin Kumar Yadav and another ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rakesh Dhiman, Advocate, for the petitioners. Mr. Rajiv Sidhu, DAG, Haryana.

None for respondent No.2.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.455 dated 09.09.2019, Police Station Sector 9-A, Gurugram, District Gurugram, under Sections 419, 420, 448, 467, 468, 471, 120B IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 10.1.2022, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Gurugram, has been received, wherein it has been reported that the statements of petitioners/accused Vipin Kumar yadav, Dayawati and complainant MOHAN SINGH 2022.08.02 04:35 I attest to the accuracy and authenticity of this document

- 2 - CRM-M-48255-2021 (O&M) Savitri Devi have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant-Savitri Devi in her statement has categorically stated that she has no objection for quashing of the FIR against Vipin Kumar Yadav and Dayawati and does not wish to proceed against them.

5.

The learned Judicial Magistrate 1st Class, Gurugram, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 6.

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.455 dated 09.09.2019, Police Station Sector 9A, Gurugram, District Gurugram, under Sections 419, 420, 448, 467, 468, 471, 120-B IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners namely Vipin Kumar Yadav and Dayawati.

02.8.2022 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.08.02 04:35 I attest to the accuracy and authenticity of this document