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High Court of Punjab and HaryanaCRM-M/21819/2016allowed

Hans Raj @ Kala v. State Of Punjab & ANR

2016-09-01Mrs. Justice Raj Rahul Garg2 pages

CRM-M-21819-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21819-2016 Date of Decision:- 01.09.2016 Hans Raj @ Kala ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Surinder Sharma, Advocate for Mr. N.S. Kandhola, Advocate for the petitioner.

Mr. APS, Gill, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.68 dated 08.06.2016, under Section 354-A IPC, registered at Police Station Banur, District Patiala, on the basis of compromise dated 15.06.2016 (Annexure P-2).

Brief facts of the case are that on 02.06.2016 when the complainant was alone at home, the petitioner came to her house and outraged her modesty. Thereafter, the F.I.R was registered against the petitioner.

Learned counsel for the petitioner submits that the matter has now been amicably settled between the parties with the intervention of the respectable of the village, vide compromise dated 15.06.2016 (Annexure P-2).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to Naresh Kumar 2016.09.06 10:16 I attest to the accuracy and integrity of this document Chandigarh the genuineness and validity or otherwise of the compromise dated

CRM-M-21819-2016 -215.06.2016 (Annexure P-2), by way of order dated 15.07.2016, by this Court.

In compliance of order dated 15.07.2016 of this Court, the report of trial Court has not been received.

Learned counsel for the petitioner has placed on the record the certified copies of the statement of the parties recorded before the trial Court and the same are taken on record as Annexure A-1. As per statement of complainant dated 22.08.2016, she has compromised the matter with the accused person, namely, Hans Raj @ Kala with the intervention of respectable persons of village and now she has no grudge and enmity against the accused. She has compromised the matter with her own free will and without any pressure or coercion and has no objection, if the present FIR is quashed.

Consequently, in view of the above-said statement 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.68 dated 08.06.2016, under Section 354-A IPC, registered at Police Station Banur, District Patiala and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise dated 15.06.2016 (Annexure P-2). The present petition stands disposed of.

September 01, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.09.06 10:16 I attest to the accuracy and integrity of this document Chandigarh