Punjab-Haryana High Court
Bittu Kumar And Anr vs State Of Haryana And Another on 12 September, 2023
Author: Arun Monga
Bench: Arun Monga
CRM-M-47471-2022 (O&M) 2023:PHHC:119858
266
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-47471-2022 (O&M)
Date of decision: 12.09.2023
Bittu Kumar and another ...Petitioners
VS
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:- Mr. Ashish Gupta, Advocate,
For the petitioners.
Mr. Karan Garg, AAG, Haryana.
Mr. Arjun Atri, Advocate,
For the complainant.
*****
ARUN MONGA, J. (ORAL)
Petitioners seek quashing of FIR No.172 dated 08.07.2022registered under Sections 342, 406, 420 read with Section34 and 506 of IPC and Section 24 of Immigration Act, at Police Station, Sadar Ambala, District Ambala and all other consequential proceedings arising therefromon the basis ofcompromise dated 23.07.2022 (Annexure P-2), stated to have been arrivedbetween the parties.
2. Since quashing was sought on the basis of compromise, this Courton 17.10.2022 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of thecompromise. A veracity report was also called for.
4. Report dated 21.01.2023 of learned Judicial Magistrate Ist Class, Ambala had been received. Report reveals that statements ofcomplainant party i.e. respondent No.2 as also of accused/present petitionersherein, were duly recorded. It is opined that a compromise has been arrived atwithout any pressure, undue influence or coercion. The report is accompaniedby the statements of parties. It is apparent that the complainant/respondent No.2and accused/petitioner have arrived at a compromise voluntarily and withoutany coercion.
5. Learned counsel for complainant/respondent No.2 states that hewould have no objection to the quashing of FIR in question.
VANDANA2023.09.13 11:14 I attest to the accuracy and integrity of this document Page 1 of 2
CRM-M-47471-2022 (O&M) 2023:PHHC:119858
6. This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis ofcompromise. A reference in this regard may be made to a decision dated29.09.2021 of the Supreme Court in case titled "Ramgopal and anr. V. The State of Madhya Pradesh"1 and a Full Bench decision of this Court in "Kulwinder Singh and others V. State of Punjab and others"2 .
7. In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedingsinitiated in the light of impugned FIR.
8. Petition is thus allowed. FIR No.172 dated 08.07.2022(Annexure P-1) registered under Sections 342, 406, 420 read with Section34 and 506 of IPC and Section 24 of Immigration Act, at Police Station, Sadar Ambala, District Ambala and all proceedings emanatingthere from qua the petitioners stand quashed.
9. Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA)
JUDGE
12.09.2023
vandana
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
1
Criminal Appeal No.1489 of 2012
2007
VANDANA (3) RCR (Criminal) 1052
2023.09.13 2 11:14
I attest to the accuracy and
integrity of this document Page 2 of 2