Sunil Kumar And ANR v. State Of Haryana And ANR

Crl. Misc. No. M-19581 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-19581 of 2018 Date of Decision: 27.9.2018 Sunil Kumar and another ......Petitioners

Versus

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

Present:

Mr. Virender Soni, Advocate for the petitioners.

Mr. Arun Kumar, AAG, Haryana None for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 613 dated 22.9.2015 registered under Sections 328, 315, 498-A, 34, 323, 506 IPC, Police Station Sadar Rohtak, District Rohtak (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise (Annexure P-3) 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 voluntary and without any pressure. The trial Court has also sent the copy of the statements of the parties and the compromise.

Learned counsel for the State on instructions submits that petitioners along with Savita were named in the FIR but Savita was found innocent and challan was presented against the petitioners and respondent GURPREET SINGH 2018.09.28 15:55 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-19581 of 2018 -2No. 2 is the only aggrieved person 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 27, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.09.28 15:55 I attest to the accuracy and authenticity of this document chandigarh