High Court of Punjab and HaryanaCRM-M/21260/2014allowed

Bhawani Singh @ Girdhari Singh v. State Of Haryana & ORS

2016-07-22Mrs. Justice Raj Rahul Garg2 pages

CRM-M-21260-2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21260-2014 Date of Decision:- 22.07.2016 Bhawani Singh @ Girdhari Singh ....Petitioner

Versus

State of Haryana and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Gopal Sharma, Advocate for the petitioner.

Mr. Anmol Malik, Assistant Advocate General, Haryana. Mr. Abhijat Gaur, Advocate for respondent Nos.2 and 3.

**** RITU BAHRI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.103 dated 08.06.2014 (Annexure P-1), under Sections 354-A and 452 IPC and Section 12 of POSCO Act, registered at Police Station Kasola, District Rewari and all the subsequent proceedings arising therefrom, on the basis of compromise dated 12.06.2014 (Annexure P-2).

The allegations levelled by the complainant against the petitioner are that on 04.06.2014 at about 9.00 a.m. in the morning, when his parents were away from home and younger sister was alone at home, the petitioner came in the house with mala-fide and caught his sister and misbehaved with her. Thereafter, the petitioner ran away from the spot. Consequently, the F.I.R (Annexure P-1) was registered against the petitioner.

NARESH KUMAR 2016.07.29 15:04 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-21260-2014 -2In compliance of order dated 14.08.2014 of this Court, the report of Civil Judge (Jr. Divn.)-cum-JMIC, Rewari, dated 06.10.2014, has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present F.I.R registered against the petitioner is quashed. Statements of the petitioner and complainant have been recorded to the same effect. Consequently, in view of the above-said report 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.103 dated 08.06.2014 (Annexure P-1), under Sections 354-A and 452 IPC and Section 12 of POSCO Act, registered at Police Station Kasola, District Rewari is hereby quashed along with all consequential proceedings arising therefrom. The present petition stands disposed of.

July 22, 2016 ( RITU BAHRI ) naresh.k JUDGE NARESH KUMAR 2016.07.29 15:04 I attest to the accuracy and integrity of this document Chandigarh