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High Court of Punjab and HaryanaCRM-M/24473/2021allowed

Sonu v. State Of Haryana And Another

2021-12-23Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-24473-2021 (O&M) Date of Decision:-23.12.2021 Sonu ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sunil Kumar, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana.

Mr. Gaurav Sidhu, Advocate for respondent No.2/complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.243 dated 7.3.2020 registered at Police Station Old Industrial Panipat, District Panipat under Section 379-B of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 6.7.2021, 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, Panipat has been received, wherein it has been reported that the statements of petitioner/accused Sonu and also of complainant/respondent No.2 Narender Singh have been PANKAJ KAKKAR 2021.12.23 18:00 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-24473-2021 (O&M) recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant/respondent No.2 Narender Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Panipat 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.243 dated 7.3.2020 registered at Police Station Old Industrial Panipat, District Panipat under Section 379-B of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

23.12.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.12.23 18:00 I attest to the accuracy and integrity of this document