Punjab-Haryana High Court
Virender @ Virender Singh And Ors vs State Of Haryana And Another on 9 May, 2023
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2023:PHHC:066868
2023:PHHC:066868
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
(Sr. No. 256) CRM-M No. 8652 of 2023
Date of decision : 09.05.2023
Virender @ Virender Singh and others
.....Petitioners
Versus
State of Haryana and another
.....Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
Present : Mr. R. K. Saini, Advocate for the petitioners.
Mr. Rajiv Sidhu, DAG, Haryana.
None for respondent No.2.
***
DEEPAK SIBAL, J. (Oral)
(1) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 20 dated 18.01.2023 registered under Sections 201, 406, 420 and 506 IPC (Section 370 IPC and Section 24 of Immigration Act added later on) at Police Station Madhuban, District Karnal and all proceedings arising therefrom qua the petitioners, on the basis of a written compromise (Annexure P-2).
(2) On 20.02.2023, this Court had directed the parties to appear before the Illaqa Magistrate/trial court for recording of their respective statements with regard to the compromise, who in turn was directed to submit a report along with the recorded statements with regard to the veracity of the compromise between the parties as also to apprise this Court whether P.O. proceedings are pending against any of the accused.
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Neutral Citation No:=2023:PHHC:066868
CRM-M No.8652 of 2023 [2] 2023:PHHC:066868
(3) As directed, report dated 27.03.2023 from the Addl. Chief
Judicial Magistrate, Karnal has been received, as per which the parties had recorded their statements before the trial court in terms of the compromise arrived at between them and that no proclamation proceedings are pending against the petitioners.
(4) Learned State counsel has also raised no objection if the present petition is allowed.
(5) In view of the above, continuation of the proceedings in pursuance of the afore-referred FIR, in which the offences are not heinous and the matter having been compromised, would be an abuse of the process of law and in terms of the law laid down by the Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court deems it just and proper to allow the petition and resultantly quash FIR No. 20 dated 18.01.2023 registered under Sections 201, 406, 420 and 506 IPC (Section 370 IPC and Section 24 of Immigration Act added later on) at Police Station Madhuban, District Karnal and all proceedings arising therefrom qua the petitioners.
09.05.2023 ( DEEPAK SIBAL )
sunil yadav JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:066868
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