High Court of Punjab and HaryanaCRM-M/1732/2017allowed

Sewa Singh v. State Of Punjab And ANR

2017-03-20Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-1732 of 2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-1732 of 2017 Date of decision : 20.03.2017 Sewa Singh ......Petitioners versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Rakesh Gupta, Advocate for the petitioner Mr. A.P.S. Gill, A.A.G. Punjab **** RITU BAHRI , J. (Oral) Status report filed by the State in the Court today, is taken on record.

Quashing of FIR No. 45 dated 25.04.2015 under Sections 354/451/506 IPC, registered at Police Station Passiana, District Patiala, is being sought on the basis of compromise deed dated 10.01.2017 (Annexure P-2) The allegations against the petitioners that he was keeping evil eye upon respondent No. 2 and her two daughters. In the night of 18.04.2015, petitioner entered into the house after jumping the wall of house of respondent No. 2. He started doing obscene acts with respondent No. 2 on which, she and her daughters raised the noise. On seeing gathering of the people, petitioner fled away from the spot. However, the matter has now been duly compromised, vide compromise deed dated 10.01.2017 (Annexure P-2). GAURAV ARORA 2017.03.23 14:47 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-1732 of 2017 On notice, respondent No. 2 refused to accept notice. However, as per reply filed by the State, a cancellation report has been filed in this case on 19.08.2015, as respondent No. 2 gave an affidavit that she got registered the above said F.I.R in an hasty manner under suspicion. She could not identify the petitioner.

Thus once the cancellation report has been filed in the present case and the matter also stands compromise, no useful purpose would be served in prolonging the litigation, in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, 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, Accordingly, FIR No. 45 dated 25.04.2015 under Sections 354/451/506 IPC, registered at Police Station Passiana, District Patiala, is quashed along with all consequential proceedings arising therefrom qua petitioner.

20.03.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.03.23 14:47 I attest to the accuracy and integrity of this document Chandigarh