Please Log in / Register to access the full text of this judgment and the entire database
(2024) Law Today Live Doc. Id. 19611 = 2024 :PHHC: 130731
Decided on: 01.10.2024
Present:
Mr. Ravinder Phogat, Advocate for the petitioner.
Ms. Sheenu Sura, DAG, Haryana.
Mrs. Meenu, Advocate for Mr. Ajay Poonia, Advocate for respondent No.2.
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Indian Penal Code, 1860 (45 of 1860), Section 389, 34 – Compromise quashing of FIR – Putting person in fear of accusation of offence, in order to commit extortion (Section 389 IPC) – Offence for which the accused have been charged are not of serious nature – Compromise will go a long way in ironing out the differences for betterment of future life of the parties – FIR alongwith all consequential proceedings arising therefrom quashed.
(Para 5, 6)
***
N.S. SHEKHAWAT, J. (ORAL) –
1. The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of an FIR No. 436 dated 04.11.2017 under Section 389 of IPC and (Section 34 IPC added later on) registered at Police Station Dadri City, District Charkhi Dadri (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 22.09.2023 (Annexure P-3).
2. Vide order dated 04.09.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 22.09.2023 (Annexure P-3).
3. Pursuant to aforesaid order, the parties have appeared before the Chief Judicial Magistrate, Charkhi Dadri and got their statements recorded. Report dated 27.09.2024 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.
4. I have heard counsel for the parties and gone through the case file.
5. 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 = (2012) Law Today Live Doc. Id. 12249 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052 = (2007) Law Today Live Doc. Id. 15176, the present petition for quashing the FIR is allowed qua the petitioner.
6. Resultantly, FIR No. 436 dated 04.11.2017 under Section 389 of IPC and (Section 34 IPC added later on) registered at Police Station Dadri City, District Charkhi Dadri (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner.
Petition allowed.
********