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High Court of Punjab and Haryana · body

2025 DAILYLAW 83568 (PNJ)

DAL CHAND v. STATE OF HARYANA AND ANOTHER

CRM-M/45191/2023 · 2025-05-08

Manisha Batra

body2025

Judgment text

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CRM-18067-2025 in/and CRM-M-45191-2023 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 123 CRM-18067-2025 in/and CRM-M-45191-2023 (O&M) Date of Decision: 08.05.2025 DAL CHAND ....Petitioner VERSUS STATE OF HARYANA AND ANOTHER ....Respondents CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Parmender Singh, Advocate for the petitioner. Mr. Gagandeep Singh Chinna, AAG, Haryana. Mr. Gurcharan Kumar, Advocate for respondent no.2 MANISHA BATRA, J. (Oral) CRM-18067-2025 The application has been filed by applicant/petitioner seeking recalling of the order dated 12.02.2024 and for restoration of the main revision petition which had been dismissed for want of prosecution on the above mentioned date. In view of submission as made in the application and further in view of the fact that learned counsel for respondent no.2 who has filed vakalatnama at this stage, has no objection if the instant application is allowed. Hence, application stands allowed and order dated 12.02.2024 is ordered to be recalled and the main petition is ordered to be restored to its original number and status and is taken up on the board of this Court today itself. Main Case The present petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No.158 dated 25.07.2021 under Sections 323, 34, 406, 498-A, 506 of IPC registered at Police Station Women Police Station NIT, Faridabad, District Faridabad and all the Deepak Patwal 2025.05.12 09:09 I attest to the accuracy and integrity of this document CRM-18067-2025 in/and CRM-M-45191-2023 (O&M) 2 subsequent proceedings arising therefrom, on the basis of compromise dated 13.04.2023 (Annexure P-3). 2 . This Court vide order dated 12.09.2023 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 First Class, Panchkula and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 25.10.2023 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.158 dated 25.07.2021 under Sections 323, 34, 406, 498-A, 506 of IPC registered at Police Station Women Police Station NIT, Faridabad, District Faridabad and all subsequent proceedings arising therefrom on the basis of compromise dated 13.04.2023 (Annexure P-2) are quashed qua the petitioner. ( MANISHA BATRA ) 08.05.2025 JUDGE Deepak Patwal 1. Whether speaking/reasoned Yes/No 2. Whether reportable Yes/No Deepak Patwal 2025.05.12 09:09 I attest to the accuracy and integrity of this document