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2025 DAILYLAW 108331 (PNJ)

VAIBHAV SHARMA v. STATE OF HARYANA AND ANR

CRM-M/1443/2025 · 2025-04-03

Karamjit Singh

body2025

Judgment text

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CRM-M-1443-2025 :1: 296 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1443-2025 Date of decision:03.04.2025 VAIBHAV SHARMA ...Petitioner VERSUS STATE OF HARYANA AND ANOTHER ...Respondents CORAM: HON'BLE MR.JUSTICE KARAMJIT SINGH Present: Mr. Divyadeep Walia, Advocate for the petitioner. Mr. Sulinder Kumar, DAG, Haryana. Mr. Umesh Pandey, Advocate for respondent No.2. ***** KARAMJIT SINGH , J. (Oral) Prayer in this petition is for quashing of FIR No.87 dated 02.05.2025 registered under Sections 406, 420 of IPC and Sections 10/24 of Immigration Act at Police Station City Thanesar, District Kurukshetra on the basis of compromise. 2. The above stated FIR was registered on the statement of the complainant/respondent No.2-Harkesh Singh against the petitioner. 3. On notice of motion, respondent No.2 appeared in the Court through his counsel and pleaded that he has no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties. 4. During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise. Priyanka Thakur 2025.04.04 17:08 I attest to the accuracy and integrity of this document CRM-M-1443-2025 :2: 5. In compliance thereof, report from the Court of Chief Judicial Magistrate, Kurukshetra along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. 6. I have heard learned counsel for the parties. 7. Learned counsel for the petitioner and for respondent No.2 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion. 8. In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amount to abuse of process of law. 9. For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.87 dated 02.05.2025 registered under Sections 406, 420 of IPC and Sections 10/24 of Immigration Act at Police Station City Thanesar, District Kurukshetra and all the subsequent proceedings are hereby quashed qua the present petitioner. (KARAMJIT SINGH) 03.04.2025 JUDGE Priyanka Thakur Whether speaking/reasoned : Yes No Whether Reportable : Yes No Priyanka Thakur 2025.04.04 17:08 I attest to the accuracy and integrity of this document