Nirmal Singh And Others v. State Of Haryana And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.223 Case No. : Crl. Misc. No.M-3134 of 2021 Date of Decision : September 27, 2021 Nirmal Singh and others ....
Petitioners vs.
State of Haryana and another ....
Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. (Through Video Conferencing) Present :
Mr. Satish Saini, Advocate for the petitioners.
Ms. Tanushree Gupta, DAG, Haryana.
Mr. G. C. Shahpuri, Advocate for respondent no.2 - complainant.
* * * MANJARI NEHRU KAUL , J.
(Oral) :
The instant petition is for quashing of FIR No.0068 dated 08.04.2019, lodged under Sections 323, 376, 406, 498-A, 506, 511 IPC (Sections 376 & 511 IPC deleted during investigation), registered at Women Police Station, District Yamuna Nagar and the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at between the parties.
Vide order dated 22.01.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 06.02.2021 to get their statements recorded regarding the compromise arrived at between them.
Report has since been received from learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, in pursuance to the direction 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 complainant has also made statement to the effect that she would have no objection if the FIR qua the accused-petitioners is quashed. Crl. Misc. No.M-3134 of 2021 : 2 :
MONIKA 2021.09.27 17:39 I attest to the accuracy and integrity of this document
The trial Court has annexed the statements of the parties in original, along with its report.
Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.
In view of the report of the learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri 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 a 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.
Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. September 27, 2021 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No MONIKA 2021.09.27 17:39 I attest to the accuracy and integrity of this document