Allowed

Rajinder Kumar v. State of Haryana and Another

Punjab & Haryana HC11 Aug 2023CRM-M/17674/2023

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed the petition to quash an FIR under IPC Sections 406, 420, and 505 for cheating and criminal breach of trust. Based on a verified compromise between the parties and medical/third party reports confirming free consent, the court relied on Apex Court principles to dismiss charges.

What did the court decide?

Quashing of FIR No.143 dated 16.07.2021 and all consequential proceedings arising therefrom.

Rajinder Kumar Vs State of Haryana… — Contract and Commercial Disputes | Punjab & Haryana HC (2023)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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250

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�� CRM-M-17674-2023 Date of decision: August 11^th , 2023

Rajinder Kumar

.....Petitioner

Versus

State of Haryana and another

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.....Respondents

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CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

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Present : Mr. Ashish Grewal, Advocate for the petitioner.

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��

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Mr. Sanjeev Kumar, Advocate for Mr. M.S. Rana, Advocate for respondent No.2.

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MANJARI NEHRU KAUL, J. (ORAL)

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Prayer in the instant petition is for quashing of FIR No.143 dated 16.07.2021 under Sections 406, 420 and 506 of the IPC registered at Police Station Radaur, Yamuna Nagar, District Yamuna Nagar, along with all consequential proceedings arising therefrom on the basis of compromise dated 29.03.2023 (Annexure P-2).

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Vide order dated 13.04.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 12.05.2023 to get their statements recorded regarding the compromise arrived at, between them.

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Report has since been received from learned Judicial Magistrate, Ist Class, Yamuna Nagar at Jagadhri, in pursuance of the directions of this Court, wherein, the factum of the compromise

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PUNEET SACHDEVA 2023.08.12 06:40 I attest to the accuracy and integrity of this document. Chandigarh

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CRM-M-17674-2023

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-2-

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arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioner is quashed.

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The trial Court has annexed the statements of the parties in original along with its report.

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Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

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In view of the report of the learned Judicial Magistrate, Ist Class, Yamuna Nagar at Jagadhri and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 , and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

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Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below.

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August 11^th , 2023 ( MANJARI NEHRU KAUL ) Puneet JUDGE

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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PUNEET SACHDEVA 2023.08.12 06:40 I attest to the accuracy and integrity of this document. Chandigarh

Rajinder Kumar v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

Rajinder Kumar v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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