Arun Kumar And ORS v. State Of Haryana And Another

CRM-M-7797-2021 (O&M) [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-7797-2021 (O&M) Date of Decision: 07.02.2022 Arun Kumar and others..........................................Petitioners

Versus

State of Haryana and another ................................ Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

(through video conferencing)

Present:

Mr. Ketan Antil, Advocate for the petitioners.

Mr. Karan Sharma, DAG, Haryana.

Mr. Gulshan Nandwani, Advocate for the complainant.

...

MANJARI NEHRU KAUL, J. (Oral) Main case is taken up today.

Prayer in the instant petition is for quashing of FIR No.51 dated 03.06.2016 under Sections 498-A and 506 IPC registered at Women Police Station, Jhajjar, District Jhajjar along with all subsequent proceedings arising therefrom, on the basis of compromise dated 03.02.2021 (Annexure P2) arrived at between the parties.

Vide order dated 06.09.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15.09.2021 to get their statements recorded regarding the compromise arrived at, between them.

RUPINDER KAUR 2022.02.07 17:11 I attest to the accuracy and integrity of this document Report has since been received from learned Judicial

CRM-M-7797-2021 (O&M) [ 2 ] Magistrate, Ist Class, Jhajjar, 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 genuine, without any coercion or undue influence. The complainant has also made statement to the effect that she would have no objection if the FIR in question qua the accusedpetitioners is quashed. The trial Court has annexed the statements of the parties in original, along with its report.

Learned State counsel, on instructions from ASI Munesh, 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, Jhajjar 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 Narinder Singh and others Vs. State of Punjab and another, 2014(2) RCR (Criminal) 482, the instant petition is allowed. The aforesaid FIR along with all subsequent 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. ( MANJARI NEHRU KAUL) 07.02.2022 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2022.02.07 17:11 I attest to the accuracy and integrity of this document