Rahul v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 04.08.2023 Rahul ... Petitioner(s)

Versus

State Of Haryana & Anr.

... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

None for the petitioner.

Ms. Priyanka Sadar, AAG Haryana, for respondent No.1. None for respondent No.2.

ALKA SARIN, J. (ORAL) 1.

The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.76 dated 27.12.2015 under Sections 323, 354(A)(1), 406, 498-A, 506 and 34 of Indian Penal Code, 1860 (Section 354(A)(1) IPC deleted later on) registered at Police Station Women, Fatehabad, District Fatehabad (Annexure P-1) and all subsequent proceedings arising out of the said FIR, on the basis of compromise dated 30.01.2023 (Annexure P-2).

2.

Vide order dated 07.02.2023 the parties were directed to get their statements recorded before the Trial Court/Duty Magistrate. On 01.08.2023 the following order was passed :

-2- "Pursuant to order dated 07.02.2023 the parties had appeared before the concerned Court for recording of their statements. Respondent No.2 has stated that she does not want to compromise the matter and requested that her statement recorded on 20.03.2023 be treated as cancelled. On the previous date i.e. 18.05.2023, since counsel for the parties had stated that there are still chances of a compromise, the parties were directed to appear before the Mediation and Conciliation Centre of this Court on 29.05.2023. As per report of the Mediator, on 11.07.2023 none of the parties was present to participate in the mediation proceedings. The petitioner was not available on telephone and the respondent informed that she was not interested in participating in the mediation proceedings for the settlement of her dispute. The matter has now been sent back to this Court. Since none has put in appearance on behalf of the parties, in the interest of justice, adjourned to 04.08.2023. "

3.

Today the case has been called twice. None has put in appearance on behalf of the petitioner as well as respondent No.2. It appears that the parties are not interested in pursuing the present petition. This Court is left with no other option but to dismiss the present petition for non-prosecution.

-34.

Dismissed for non-prosecution. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 04.08.2023 Yogesh Sharma