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High Court of Punjab and HaryanaCRM-M/16734/2016allowed

Deepak Singla v. State Of Haryana & ANR

2016-07-25Mrs. Justice Raj Rahul Garg3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRM-M-16734-2016 Deepak Singla

...Petitioner

Versus

State of Haryana and another ..Respondents (2) CRM-M-31408-2016 Lalita Rani and another

...Petitioners

Versus

State of Haryana and another ..Respondents (3) Kalawati and others

...Petitioners

Versus

State of Haryana and another ..Respondents Date of decision: - 25.07.2016

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vinod Bhardwaj, Advocate, for the petitioners.

Ms. Mahima Yashpal, Assistant Advocate General, Haryana. Mr. Rajinder Goyal, Advocate for respondent No.2.

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-2RITU BAHRI, J. (Oral) As identical questions of law and facts are involved, therefore, I propose to decide above indicated petitions, arising out of the same incident/FIR, by means of this common judgment, in order to avoid the repetition.

Quashing of FIR No.125 dated 17.07.2015 (Annexure P-1) under Sections 323, 498-A, 506 and 354-A read with Section 34 IPC, registered at Police Station Siwan, District Kaithal, is being sought on the basis of compromise/affidavit dated 28.03.2016 (Annexure P-2). Brief facts of the case are that respondent No.2 got married to petitioner Deepak Singla on 24.11.2008, as per Hindu rites and ceremonies. After the marriage, all the petitioners have beaten and tortured her (respondent No.2). Consequently, she has lodged F.I.R (Annexure P-1) against the petitioners.

Learned counsel for the petitioners submits that now with the intervention of the respectables, both the parties have compromised the matter amicably and respondent No.2 has no objection, if the present FIR registered against the petitioners is quashed 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/affidavit dated 28.03.2016 (Annexure P-2), by means of order dated 17.05.2016, by this Court.

In compliance of order dated 17.05.2016 of this Court, the

-3report of Judicial Magistrate 1st Class, Kaithal, dated 15.06.2016 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 complaint registered against the petitioners is quashed. The compromise in question is valid one and the parties are under no pressure or coercion. 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.125 dated 17.07.2015 (Annexure P-1) under Sections 323, 498-A, 506 and 354-A read with Section 34 IPC, registered at Police Station Siwan, District Kaithal, is hereby quashed along with all consequential proceedings arising therefrom. The present petitions stand disposed of.

July 25, 2016 ( RITU BAHRI ) naresh.k JUDGE