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High Court of Punjab and HaryanaCRM-M/49517/2023allowed

Amit Giri v. State Of Haryana And Another

2023-11-02Mr. Justice Sanjiv Berry2 pages

By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 23.08.2023 (Annexures P-2 and P-3) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 02.06.2023 406, 420 IPC PS Baldev Nagar, District Ambala 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 23.08.2023 (Annexures P-2 and P-3), which is duly signed by JATIN 2023.11.04 15:45 I attest to the accuracy and integrity of this document

CRM-M-49517-2023 -2them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Chief Judicial Magistrate, Ambala vide report dated 16.10.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

Respondent No. 2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the Chief Judicial Magistrate, Ambala and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons.

5.

In the circumstances, the present petition is allowed. FIR No.267 dated 02.06.2023, under Sections 406, 420 of IPC registered at Police Station Baldev Nagar, District Ambala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner. JATIN 2023.11.04 15:45 I attest to the accuracy and integrity of this document