High Court of Punjab and HaryanaCRM-M/18577/2014allowed

Ajmer Singh And ORS v. State Of Haryana & ANR

2017-04-28Mrs. Justice Raj Rahul Garg2 pages

CRM-12474-2017 in/and -1CRM-M-18577-2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-12474-2017 in/and CRM-M-18577-2014 Date of Decision:- 28.04.2017 Ajmer Singh and others ....Petitioners

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Dinesh Trehan, Advocate for the petitioners.

Ms. Mahima Yashpal, AAG, Haryana.

Mr. Rajinder Kumar, Advocate for applicant-respondent No.2.

**** RITU BAHRI, J. (Oral) CRM-12474-2017 The application is allowed, as prayed for.

Affidavit of complainant/respondent No.2 with regard to arrival of compromise with petitioners Nos.2 and 3 is taken on record. CRM-M-18577-2014 Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.78 dated 20.03.2014, under Sections 498-A, 406, 323, 506, 420/34 IPC, registered at Police Station Tohana, District Fatehabad. Complainant Mandeep Kaur, who is present in Court, has been identified by ASI Om Parkash.

Learned counsel for the complainant has placed on record the affidavit of complainant/respondent No.2 to the effect that oral compromise Naresh Kumar 2017.05.10 15:16 I attest to the accuracy and integrity of this document Chandigarh

CRM-12474-2017 in/and -2CRM-M-18577-2014 has been effected between her and petitioners Nos.2 and 3. She has no objection, if the FIR qua petitioner Nos.2 and 3 is allowed. Learned counsel for the petitioners submits that during the pendency of the trial petitioner No.1 has died on 24.09.2014. Consequently, in view of the affidavit of complainantrespondent No.2 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 any further against the present petitioners.

Accordingly, FIR No.78 dated 20.03.2014, under Sections 498-A, 406, 323, 506, 420/34 IPC, registered at Police Station Tohana, District Fatehabad and all the subsequent proceedings arising therefrom qua petitioner Nos.2 and 3 are hereby quashed.

Since petitioner No.1 has died on 24.09.2014, so, the proceedings qua him stands abated.

The present petition stands disposed of.

April 28, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.05.10 15:16 I attest to the accuracy and integrity of this document Chandigarh