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High Court of Punjab and HaryanaCRM-M/23227/2016disposed of

Gauri @ Gourav Singh v. State Of Haryana And ORS

2020-03-06Mr. Justice Hari Pal Verma3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-23227 of 2016(O&M) Date of Decision: 06.03.2020 Gauri @ Gourav Singh

...Petitioner (s)

Versus

State of Haryana & others

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. D.S.Adlakha, Advocate for the petitioner.

Ms. Priyanka Sadar, AAG, Haryana.

Mr. Kuldip Singh, Advocate for respondent no.2.

***** HARI PAL VERMA, J. (Oral) Prayer in this petition filed under Section 482 CrPC is for quashing of FIR No.64 dated 17.05.2016 under Sections 363 and 366A IPC registered at Police Station Barara, District Ambala and all consequential proceedings arising therefrom.

The aforesaid FIR was registered at the behest of the complainant. As per the FIR, the elder daughter of the complainant namely Neeraj @ Neha (respondent no.3), who was 17 1⁄2 years of age, had gone missing from the house in the night of 17.05.2016. They had a doubt that the petitioner, who was residing in the neighbourhood, might have allured their daughter, as he was on talking terms with her. At number of times, the complainant and his family had persuaded the petitioner to stay away from their daughter.

Criminal Misc. No. M-23227 of 2016 -2Learned counsel for the petitioner has argued that since the petitioner and Neeraj @ Neha had solemnized their marriage against the wishes of the complainant, they had approached this Court by way of CRM-M-20003 of 2016 Gourav Singh and another Vs. State of Haryana and others so as to seek protection of their life and liberties at the hands of respondents i.e. the complainant and other family members in the present FIR and this Court vide order dated 07.06.2016, had directed the Deputy Commissioner of Police/Superintendent of Police, Ambala to look into the representation dated 26.05.2016 so submitted by the petitioners-therein and take appropriate action, as required under law. Learned counsel for the petitioner has further submitted that the petitioner and respondent no.3 after solemnizing their marriage are staying together as husband and wife and out of this wedlock, a child has also been born to them.

This Court vide order dated 20.01.2020, had referred the matter to the Mediation and Conciliation Centre of this Court and directed the parties to appear the mediator.

Accordingly, report dated 10.02.2020 along with settlement/ compromise deed so entered between the parties has been received from the mediator. The same is taken on record.

Learned counsel for respondent no.2, on instructions from the respondent no.2-complainant, who is present in Court, submits that the matter has been amicably settled between the parties. The broad terms of the settlement/agreement dated 10.02.2020 read as under:-

Criminal Misc. No. M-23227 of 2016 -3- "a) Both the parties have compromised the matter and second party/complainant shall have no objection for the quashing of the above said FIR.

b) The parties have further agreed that as both the parties have houses facing each other in the village, thus Gauri @ Gourav Singh-petitioner along with his wife Neeraj will not enter the village till they reconcile with the girl's parents.

c) The parties have decided not to disturb each other's peaceful life or in any manner interfere in each other's life."

In view of the settlement so arrived at between the parties and the fact that the parties are residing together as husband and wife and a child has also born to them, the present petition is allowed and FIR No.64 dated 17.05.2016 under Sections 363 and 366A IPC registered at Police Station Barara, District Ambala and the subsequent proceedings arising therefrom are quashed qua the petitioner, on the basis of compromise. The parties are directed to adhere to the terms of the settlement in letter and spirit.

Since the present petition has been disposed of on the basis of settlement/compromise so entered between the parties, the applications, if any, shall stand disposed of.

March 06, 2020 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No