High Court of Punjab and HaryanaCRM-M/15095/2017allowed

Naresh Kumar And ANR v. State Of Punjab And ANR

2017-05-26Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-15095-2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-15095-2017 Date of decision : 26.05.2017 Naresh Kumar and anr.

......Petitioner versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Aayush Gupta, Advocate for the petitioners Mr. A.P.S. Gill, AAG, Punjab **** RITU BAHRI , J. (Oral) Quashing of FIR No. 71 dated 23.04.2015 under Sections 354B/323/511/34 IPC (Annexure P-1), registered at Police Station Meharban, District Ludhiana, is being sought on the basis of compromise deed dated 20.09.2016 (Annexure P-2) Respondent No. 2 lodged the present F.I.R against the petitioners with the allegation that on 22.04.2015, the husband of respondent No. 2 was not at home and petitioners came to her place along with brother-in-law and started drinking there in the courtyard. Thereafter, they misbehaved with her and tried to enter her room so as to do bad things with her.

However, during the pendency of the trial, the matter has now been duly compromised, on the basis of compromise deed dated 20.09.2016 (Annexure P-2). The dispute is between close family relations. In compliance of order dated 02.05.2017, report dated 19.05.2017 of Civil Judge (Jr. Divn.) cum Judicial Magistrate 1st Class, GAURAV ARORA 2017.05.31 14:11 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-15095-2017 Ludhiana has been received in this regard. As per report, statement of the complainant and the petitioners had been recorded and they stated that the matter has been duly compromised between them. The compromise has been entered voluntarily. The complainant has no objection if the F.I.R be quashed against the petitioner. The compromise is without any pressure, influence or coercion.

Consequently, in view of the status report dated 19.05.2017 and in view of the judgment of the Hon'ble Supreme Court in cases of Dr. Arvind Barsaul etc. versus 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. 71 dated 23.04.2015 under Sections 354B/323/511/34 IPC, registered at Police Station Meharban, District Ludhiana, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

26.05.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.05.31 14:11 I attest to the accuracy and integrity of this document Chandigarh