Anuj Jetly v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33740-2020 Decided on : 26.03.2021 Anuj Jetly . . . Petitioner(s)

Versus

State of Haryana and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Yogeshwar Dayal Kaushik, Advocate for the petitioner(s).

Mr. Rahul Mohan, DAG, Haryana Ms. Johny Bansal, Advocate for respondent No.2 - complainant.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition is for quashing of FIR No. 435, dated 23.07.2016, lodged under Sections 498-A, 406, 323, 34 IPC, registered at Police Station Mujesar, District Faridabad (Annexure P-1) and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 10.02.2020 (Annexure P-2) arrived at, between the parties.

Vide order dated 27th October, 2020 of this Court, the parties were directed to appear before the learned Illaqa Magistrate/trial Court on 02nd December, 2020, to get their statements recorded, regarding the compromise arrived at, between them.

Report has since been received from the learned JMIC, Faridabad, in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and JAWALA RAM 2021.03.26 18:08 I attest to the accuracy and authenticity of this document Chandigarh confirmed. As per the report compromise has indeed been effected between

CRM-M-33740-2020 - 2 - the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that she would have no objection if the FIR qua the accused-petitioner is quashed. The trial Court has annexed the statements in original of the parties along with its report.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Faridabad, and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE March 26, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.03.26 18:08 I attest to the accuracy and authenticity of this document Chandigarh