Manoj And Another v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRMs-21674 & 21675 of 2024 IN/AND CRM-M-1625-2024 (O&M) Date of Decision: 20.05.2024 MANOJ & ANOTHER ......PETITIONERS Vs.

STATE OF HARYANA AND ANOTHER .........RESPONDENTS

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present:- Mr. Vikas Gulia, Advocate, for the petitioners. Ms. Jasleen Chahal, A.A.G. Haryana.

Mr. Vishal Yadav, Advocate, for respondent No. 2. ***** HARPREET KAUR JEEWAN J. (ORAL) CRM-21674-2024 1.

By this application, the applicants-petitioners pray for preponement of the date of hearing fixed in the accompanying petition from 15.07.2024 to some early date.

  



       

 

   

 

 

           

   

 

 

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      CRM-M-1625-2024 [1] The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 553, dated 23.12.2017, under Sections 323, 354-A, 406, 498-A and 506 of the IPC read with Section 34 thereof, registered at Police Station Sadar, District Sonipat, (Annexure P-1), on the basis of compromise dated 03.01.2024 (Annexure P-2) arrived at between the parties.

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  $ [3] Learned counsel appearing on behalf of respondent No. 2 has confirmed the factum of compromise between the parties. He submits that respondent No. 2-complainant has no objection if the present FIR against the present petitioners is quashed by this Court.

[4] On 12.01.2023, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of their statements regarding the compromise.

[5] As per the report dated 05.03.2024, received from the Additional Chief Judicial Magistrate, Sonepat, through the District & Sessions Judge, Sonepat, compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. The petitioners have not been declared as "Proclaimed Offender" and they are not involved in any other criminal case. Though initially the FIR was registered against four persons namely, Manoj, Murti Devi, Puran and Jasmer, however, Puran and Jasmer were declared innocent during investigation. At present investigation is not pending against any of the accused. Section 354-A IPC was deleted during the investigatio. Respondent No. 2-complainant is the only aggrieved person/victim in the present FIR.

[6] Learned State counsel has not raised any objection regarding the acceptance of the present petition.

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[8] Consequently, this petition is allowed and FIR No. 553, dated 23.12.2017, under Sections 323, 354-A, 406, 498-A and 506 of the IPC read with Section 34 thereof, registered at Police Station Sadar, District Sonipat, (Annexure P-1) and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioners.

[09] However, the respondent No.2-Pooja and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of dated 03.01.2024 (Annexure P-2) are violated. [10] Pending miscellaneous application (s), if any, shall also stand disposed of.

May 20, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No