Sonu Kumar v. State Of Haryana And Another
289 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M -44758-2023 Date of Decision: November 22, 2023 Sonu Kumar
...Petitioner
Versus
State of Haryana and another
...Respondents
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ajay Bhardwaj, Advocate for the petitioner. Mr. Parveen Kumar Aggarwal, DAG, Haryana.
Mr. M.S. Yadav, Advocate for respondent No.2. DEEPAK GUPTA , J.(Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.0395 dated 29.08.2018, registered under Sections 406 and 420 of IPC, besides Section 24 of the Immigration Act, 1983, registered at Police Station Butana Karnal, District Karnal and all subsequent proceedings arising therefrom on the basis of compromise effected between the parties and affidavit dated 31.10.2018. This Court vide order dated 06.09.2023 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate 1st Class, Karnal and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 27.09.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
SARITA RANI 2023.11.21 14:09 I attest to the accuracy and integrity of this document/order
CRM-M -44758-2023 - 2 - Statement of Respondent No.2-complainant, namely, Rinku with regard to compromise was recorded before learned Magistrate on 26.09.2023.
Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties.
In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.0395 dated 29.08.2018, registered under Sections 406 and 420 of IPC, besides Section 24 of the Immigration Act, 1983, registered at Police Station Butana Karnal, District Karnal and all subsequent proceedings arising therefrom on the basis of compromise effected between the parties and affidavit dated 31.10.2018 qua petitioner(s), are hereby quashed. November 22, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:
Yes/No SARITA RANI 2023.11.21 14:09 I attest to the accuracy and integrity of this document/order