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High Court of Punjab and HaryanaCRM-M/17059/2018allowed

Gaurav And Others v. State Of Haryana And ORS.

2018-09-26Mr. Justice Rajesh Bhardwaj2 pages

Crl. Misc. No. M-17059 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-17059 of 2018 Date of Decision: 26.9.2018 Gaurav and others ......Petitioners

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Jagjot Singh, Advocate for Mr. Kunal Dawar, Advocate for the petitioners.

Mr. Arun Kumar, AAG, Haryana.

None for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 113 dated 7.12.2017 registered under Sections 3/4 of Dowry Prohibition Act, 1961 and Sections 354-D, 406, 506 IPC, Women Police Station, Palwal, Haryana (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at between the parties. Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the compromise is genuine, voluntary and without any coercion or undue influence. The trial Court has also sent the statements of the parties in original.

Learned counsel for the State on instructions submits that the petitioners along with three other persons are the only accused and GURPREET SINGH 2018.09.28 15:32 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-17059 of 2018 -2respondents No. 2 and 3 are the only aggrieved persons in this FIR. No useful purpose would be served to keep the FIR pending. In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE September 26, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.09.28 15:32 I attest to the accuracy and authenticity of this document chandigarh