Sanjay Kamboj Alias Sanjay Kumar vs State Of Haryana And Others on 23 February, 2024

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Punjab-Haryana High Court

Sanjay Kamboj Alias Sanjay Kumar vs State Of Haryana And Others on 23 February, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                               IN THE HIGH COURT OF PUNJAB & HARYANA
                                           AT CHANDIGARH
                    247
                                                    2024:PHHC:025355
                                                    CRM-M-64611-2023
                                                    Date of decision: February 23rd, 2024

                    Sanjay Kamboj @ Sanjay Kumar
                                                                                 .....Petitioner

                                                     Versus

                    State of Haryana and others
                                                                              .....Respondents

                    CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL


                    Present:     None for the petitioner.

                                 Ms. Jasleen Chahal, Assistant Advocate General, Haryana.

                                 None for respondent Nos.2 to 10.

                    MANJARI NEHRU KAUL, J. (ORAL)

None has put in appearance on behalf of the petitioner as

well as respondent Nos.2 to 10 as lawyers of the Bar Association are

abstaining from work today.

The instant petition is for quashing of FIR No.112 dated

19.07.2008 under Sections 120-B, 34, 406, 408, 409, 420, 467, 468, 471

of the Indian Penal Code, 1860 registered at Police Station Kunjpura,

District Karnal and all consequential proceedings arising therefrom, on

the basis of compromise dated 21.11.2023 (Annexure P-4) arrived at,

between the parties.

2. Vide order dated 22.12.2023 of this Court, the parties were

directed to appear before the learned trial Court/Illaqa Magistrate on

08.01.2024 to get their statements recorded regarding the compromise

arrived at, between them.

3. Report has since been received from learned
PUNEET SACHDEVA
2024.02.23 14:38
I attest to the accuracy and
integrity of this document.
Chandigarh
CRM-M-64611-2023 -2-

Judicial Magistrate Ist Class, Karnal, in pursuance of the directions of

this Court, wherein, the factum of the compromise 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 private

respondents have also made statement to the effect that they would have

no objection if the FIR qua the accused-petitioner is quashed.

4. The trial Court has annexed the copies of the statements of

the parties, along with its report.

5. Learned State counsel too submits that there are no other

accused other than the petitioner and private respondents are the only

aggrieved person in the FIR in question.

6. In view of the report of the learned Judicial Magistrate Ist

Class, Karnal, 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.

7. Needless to say the parties shall remain bound by the terms

of compromise and their statements recorded before the Court below.

                    February 23rd, 2024                        (MANJARI NEHRU KAUL)
                    Puneet                                            JUDGE
                                 Whether speaking/reasoned        :    Yes

                                 Whether reportable               :    No

PUNEET SACHDEVA
2024.02.23 14:38
I attest to the accuracy and
integrity of this document.
Chandigarh

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