High Court of Punjab and HaryanaCRM-M/22965/2016allowed

Rajan Masih v. State Of Punjab And ANR

2016-09-14Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-22965 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-22965 of 2016 Date of decision : 14.09.2016 Rajan Masih ......Petitioner versus State of Punjab & anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vipin Mahajan, Advocate for the petitioner Mr. A.P.S. Gill, A.A.G. Punjab Mr. Vishal Munjal, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 206 dated 16.07.2013 under Sections 452/354-A/323 IPC and Section 12 of POCSO Act, registered at Police Station Dina Nagar, District Gurdaspur, Punjab, is being sought on the basis of compromise deed dated 27.05.2016 (Annexure P-3). Respondent No. 2 registered the above mentioned F.I.R against the petitioner with the allegations that on 13.07.2013, the mother of the complainant had gone outside and the complainant was alone in the house. The petitioner entered the house and started doing obscene acts with her. On raising raula, the petitioner ran away from the spot. However, the matter has now been duly compromised, vide compromise deed dated 27.05.2016 (Annexure P-3). In compliance of order dated 12.07.2016, report of Judicial Magistrate 1st Class Gurdaspur, has been received in this regard. As per GAURAV ARORA 2016.09.30 14:14 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-22965 of 2016 report, statement of complainant/respondent No. 2 and statement of petitioner have been recorded. Complainant stated that the matter stands compromised between the parties and she does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioner. The compromise has been entered voluntarily. To the same effect is the statement given by the petitioner. Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, n view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs.

State of Punjab 2008(2) RCR (Criminal) 429, 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. 206 dated 16.07.2013 under Sections 452/354-A/323 IPC and Section 12 of POCSO Act, registered at Police Station Dina Nagar, District Gurdaspur, Punjab, is quashed along with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of.

14.09.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.09.30 14:14 I attest to the accuracy and integrity of this document