Deepanshu v. State Of Haryana And ANR

Sr. No.269

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 18th December 2024 DEEPANSHU ........Petitioner versus STATE OF HARYANA AND ANR .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Harsh Mehla, Advocate for the petitioner.

Mr. Deepak Kumar Grewal, DAG, Haryana.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.789 dated 25.07.2019, under Sections 354-D, 506 IPC, 1860, registered at Police Station City Jagadhri, Yamuna Nagar (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise deed dated 27.10.2024 (Annexure P-2), executed between the parties. 2.

The parties were directed to appear before the trial Court/Illaqa Magistrate to get their statements recorded and report qua the genuineness of the compromise was sought from the trial Court/Illaqa Magistrate vide order dated 11.11.2024.

3.

Pursuant to the aforesaid order, the parties have appeared before the Additional Chief Judicial Magistrate, Yamuna Nagar at Jagadhri and got their statements recorded. On the basis of the statements so recorded, the learned Magistrate has submitted report dated 13.12.2024

 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. The petitioner has not been declared as "Proclaimed Offender" and he is not involved in any other criminal case. As per the statement of the Investigating Officer, there is only one accused and one complainant in the present case. 4.

Learned State counsel has not disputed the factum of compromise between the parties.

4.1 Learned State counsel has filed status report dated 17.12.2024, by way of an affidavit of Sh. Rajesh Kumar, HPS, Deputy Superintendent of Police-II, Jagadhri, Yamuna Nagar, on behalf of respondent-State, which is taken on record.

5.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6.

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, the present petition is allowed and FIR No.789 dated 25.07.2019, under Sections 354-D, 506 IPC, 1860, registered at Police Station City Jagadhri, Yamuna Nagar (Annexure P-1) and all subsequent proceedings arising therefrom are ordered to be quashed qua the petitioner.

7.

However, the respondent No.2/complainant and the State shall be at liberty to seek cancellation of this order, in case the final terms

 and conditions of compromise deed dated 27.10.2024 (Annexure P-2) are violated.

8.

Pending miscellaneous application(s), if any, shall also stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 18th December 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No