Quashed

Rinki Alias Sofia and Another v. State of Haryana and Another

Punjab & Haryana HC24 Oct 2024CRM-M/40027/2024

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under Sections 120-B, 384, 388, 389 IPC and others after recording a compromise affidavit. Relying on precedent that non-serious offences can be compromised, the Court held the compromise was genuine and voluntary, thereby allowing the petition to quash the proceedings.

What did the court decide?

FIR No. 190 dated 05.05.2022 and all consequential proceedings quashed qua the petitioner(s).

Rinki Alias Sofia and Another Vs State of Haryana… — Quashing and FIR | Punjab & Haryana HC (2024)

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CRM-M-40027-2024��

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206

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-40027-2024 Date of decision: 24.10.2024

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RINKI ALIAS SOFIA AND ANOTHER

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...Petitioner(s)

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VERSUS

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STATE OF HARYANA AND ANOTHER

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE N. S. SHEKHAWAT

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Present: Mr. Shiv Kumar Rana, Advocate and Mr. Rahul Parmar, Advocate for the petitioner(s).

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Mr. Rajinder Kumar Banku, DAG, Haryana.

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Ms. Gurpreet Kaur, Advocate for Mr. Kamal Sharma, Advocate for respondent No.2. ****

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N. S. SHEKHAWAT, J. (Oral)

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The instant petition has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing of an FIR No. 190 dated 05.05.2022 registered under Sections 120-B, 384, 388, 389 of IPC (Sections 420, 467, 468, 471 of IPC added later on), at Police Station S.G.M. Nagar (Sanjay Gandhi Memorial Nagar), District Faridaband (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 26.02.2024 (Annexures P-2 and P-3).

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Vide order dated 21.08.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial

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MAMTA 2024.10.25 18:35 I attest to the accuracy and integrity of this order/judgment

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CRM-M-40027-2024��

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Magistrate for getting their statements recorded with respect to the compromise/affidavit dated 26.02.2024 (Annexures P-2 and P-3).

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Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, Faridabad and got their statements recorded. Report dated 09.09.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

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I have heard counsel for the parties and gone through the case file.

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In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner(s).

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Resultantly, FIR No. 190 dated 05.05.2022 registered under Sections 120-B, 384, 388, 389 of IPC (Sections 420, 467, 468, 471 of IPC added later on), at Police Station S.G.M. Nagar (Sanjay Gandhi Memorial Nagar), District Faridaband (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

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(N. S. SHEKHAWAT) 24.10.2024 JUDGE M.Sikka Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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MAMTA 2024.10.25 18:35 I attest to the accuracy and integrity of this order/judgment

Rinki Alias Sofia and Another v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

Rinki Alias Sofia and Another v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

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