Geeta Agarwal And ORS v. State Of Haryana And ANR

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Date of Decision: 15.03.2021 Geeta Aggarwal and others ....Petitioners

Versus

State of Haryana and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present :

Mr. Keshav Pratap Singh, Advocate, for the petitioners.

Mr. Neeraj Poswal, AAG, Haryana.

Mr. Pratham Sethi, Advocate, for respondent no.2.

AMOL RATTAN SINGH , J. (Oral) CRM-7040-2021 Application is allowed. Copies of Annexures P-3 and P-4 are taken on record subject to all just exceptions. CRM-7038-2021 By this application, advancement of the date of hearing in the accompanying petition is sought, which otherwise stands adjourned to 14.07.2021.

Notice in the application.

Mr. Neeraj Poswal, AAG, Haryana, accepts notice at the asking of the court on behalf of respondent no.1, with Mr. Pratham Sethi, Advocate,, Advocate, appearing for respondent no.2. Learned counsel for the applicants/petitioners submits that the matter having been compromised between the petitioners and respondent

-2no.2 in the Mediation and Conciliation Center of this court itself vide the compromise deed dated 28.11.2018 (Annexure P-2), and all terms thereof having been fulfilled, including the payment of the last installment due in February, 2020, there would be no reason for the criminal proceedings to continue against the petitioners.

In view of the statement made by the learned counsel for the petitioner, Mr. Sethi, learned counsel for respondent no.2, obviously does not oppose the application.

That being so, with the consent of learned counsel for the parties, this application is allowed and the date of hearing in the accompanying petition is advanced to today itself. CRM-M-1451-2019 By this petition, the petitioners seek quashing, on the basis of a compromise arrived at between the petitioners and respondent no.2, of FIR no.196 dated 03.03.2018, registered at Police Station Hisar City, District Hisar, for the alleged commission of offences punishable under Sections 120-B, 406, 420 and 506 of the IPC, as also all other subsequent proceedings arising therefrom. A copy of the compromise deed has been annexed as Annexure P-2 with the petition.

Learned counsel for the parties draw attention to sub-clause (b) of clause (ii) of paragraph no.7 of the aforesaid compromise deed, which reads as follows:- "That the rest of the amount will be paid by the first party to the complainant/second party in next fourteen months in equal instalment of Rs.12,67,000/- (Rupees Twelve Lacs and Sixty Seven Thousand only) by way of

-3demand draft(s) by 10th day of every month. The rest of the 14 instalments will start from January, 2019 till February, 2020."

Mr. Sethi again reiterates that all conditions of the compromise, including payment of the last installment have been adhered to by the petitioners and therefore respondent no.2 does not wish to pursue the criminal proceedings.

That being so, looking at the nature of offences involved, with the matter having been amicably settled between the parties, the petition is allowed and FIR no.196 dated 03.03.2018, registered at Police Station Hisar City, District Hisar, for the alleged commission of offences punishable under Sections 120-B, 406, 420 and 506 of the IPC, along with all proceedings emanating therefrom, is hereby quashed.

In view of the above, the passports of the petitioners, as ordered to be surrendered before the learned trial court, be now released to them (unless there are any other proceedings in which they have also been ordered to be surrendered).

(AMOL RATTAN SINGH) 15.03.2021 JUDGE adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No