High Court of Punjab and HaryanaCRM-M/14262/2017allowed

Deepak Mugh @ Deepak Chauhan @ Sainti v. State Of Haryana And ANR.

2017-05-30Mrs. Justice Raj Rahul Garg2 pages

CRM-M-14262-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14262-2017 Date of Decision:- 30.05.2017 Deepak Mugh @ Deepak Chauhan @ Sainti ....Petitioner

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. R.S. Budhwar, Advocate, for the petitioner. Mr. D.R. Singla, DAG, Haryana.

Mr. Parveen Mann, Advocate, for respondent No.2. **** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.145 dated 14.04.2016, under Sections 341, 354, 354(D) and 506 IPC, registered at Police Station Indri, District Karnal, on the basis of compromise dated 18.04.2017 (Annexure P-2). Brief facts of the present case as alleged by complainant Jyoti Lamba daughter of Satpal Lamba are that the petitioner is residing in her neighborhood and harassing her since long time. On 14.04.2016 when she was going to temple, he met her near VET, Hospital and started following her. After some time, he forcefully stopped her and caught her hand. Thereafter, when she perplexed and got released her hand, he became angry and stated that if she told this thing to anybody, then he will throw acid on her and kill her. After that, the present FIR has been registered against the petitioner.

Learned counsel for the petitioner submits that keeping in view Naresh Kumar 2017.07.12 09:58 I attest to the accuracy and integrity of this document Chandigarh the peace and harmony, the matter has now been amicably settled between

CRM-M-14262-2017 -2the parties with the intervention of respectable persons, vide compromise dated 18.04.2017 (Annexure P-2).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated 18.04.2017 (Annexure P-2), by way of order dated 26.04.2017, by this Court.

In compliance of order dated 26.04.2017 of this Court, the report of the Civil Judge (Jr. Division)-cum-Judicial Magistrate 1st Class, Indri dated 11.05.2017 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioner is quashed. Statements of the petitioner and complainant have been recorded to the same effect.

Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No.145 dated 14.04.2016, under Sections 341, 354, 354(D) and 506 IPC, registered at Police Station Indri, District Karnal and all the subsequent proceedings arising therefrom qua petitioner are hereby quashed on the basis of compromise dated 18.04.2017 (Annexure P-2).

The present petition stands disposed of.

May 30, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.07.12 09:58 I attest to the accuracy and integrity of this document Chandigarh