High Court of Punjab and HaryanaCRM-M/13842/2023disposed of

Ram Mehar v. State Of Haryana And Another

2023-03-20Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13842-2023 Date of Decision : 20.03.2023 Ram Mehar ......... Petitioner

Versus

State of Haryana and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Vishal Nehra, Advocate for the petitioner.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition, on the basis of compromise, is seeking quashing of FIR No.28 dated 17.01.2023 registered at Police Station Pinjore, District Panchkula, under Sections 323, 376, 506 IPC and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention and Atrocities Act, 1989 (Amendment 2015).

Learned counsel for the petitioner inter alia contends that the parties have compromised their disputes and they want to live together in live-in-relation. The complainant had lodged an FIR against the petitioner and even prior to registration of FIR, they were living in live-in-relation. Notice of motion.

Ms. Dimple Jain, AAG, Haryana, accepts notice on behalf of respondent No. 1-State.

Mr.K.S.Mahay, Advocate has filed his power of attorney on behalf of respondent No.2, which is taken on record. He supports stand of the petitioner.

ANJU GOEL 2023.03.20 18:17 I attest to the accuracy and integrity of this document

CRM-M-13842-2023 -2Learned State counsel submits that the matter is under investigation and challan has not been presented. The petitioner is in custody. She further submits that the police before filing challan would consider the compromise/affidavit of the complainant. On being confronted with statement of State counsel, learned counsel for the parties would submit that Investigating Officer may be directed to consider compromise deed prior to filing his report. In view of statements of learned counsel for the parties especially the statement of learned State counsel, the present petition is disposed of with a direction to the Investigating Officer to consider the compromise/affidavit of the complainant before preparing his report under Section 173 Cr.P.C.

( JAGMOHAN BANSAL ) JUDGE 20.03.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.03.20 18:17 I attest to the accuracy and integrity of this document