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High Court of Punjab and Haryana · body

2025 DAILYLAW 33581 (PNJ)

RAKESH KUMAR v. STATE OF HARYANA AND ANOTHER

CRM-M/13991/2025 · 2025-05-19

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 316 CRM-M-13991-2025 Date of Decision: 19.05.2025 Rakesh Kumar ...Petitioner Versus State of Haryana and another ...Respondents CORAM: HON'BLE MS. JUSTICE MANISHA BATRA **** Present: Mr. Ashih Grewal, Advocate for the petitioner. Mr. Neeraj Poswal, A.A.G., Haryana for respondent No.1. Mr. Ashok Kumar Munjal, Advocate for respondent No.2. ***** MANISHA BATRA , J. (ORAL) 1. The present petition has been filed under for quashing of FIR No.90 dated 01.04.2021 registered under Sections 384, 388 and 389 of IPC, 1860, at Police Station Sector 17 HUDA, Jagadhri, Yamuna Nagar and all the subsequent proceedings arising therefrom, on the basis of compromise dated 07.02.2025 (Annexure P-2). 2 . This Court vide order dated 17.03.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri and got their NISHA 2025.05.21 10.01 I attest to the accuracy and integrity of this document CRM-M-13991-2025 -2- statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 17.04.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. 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, this petition is allowed and FIR No.90 dated 01.04.2021 registered under Sections 384, 388 and 389 of IPC, 1860, at Police Station Sector 17 HUDA, Jagadhri, Yamuna Nagar and all subsequent proceedings arising therefrom on the basis of compromise dated 07.02.2025 (Annexure P-2) are quashed qua the petitioner. ( MANISHA BATRA) JUDGE May 19, 2025 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No NISHA 2025.05.21 10.01 I attest to the accuracy and integrity of this document