Dushyant Kumar Sharma v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13246-2019 Date of decision:2.9.2019 DUSHYANT KUMAR SHARMA .....Petitioners

Versus

STATE OF HARYANA AND ANR .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Amit Choudhary, Advocate for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks quashing of FIR No.32 dated 4.2.2014 under Sections 498-A, 506 of the Indian Penal Code, Police Station SGM Nagar, Faridabad and also consequent proceedings including judgment dated 12.4.2018 whereby the petitioner has been convicted by the Court of learned Judicial Magistrate Ist Class, Faridabad for offences punishable under Sections 498-A and 506 IPC and proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 25.3.2019 the parties had been directed to appear before GAURAV SOROT 2019.09.02 17:50 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-13246-2019 the trial Court/Illaqa Magistrate so as to get the statements recorded with regard to the genuineness of the compromise.

3.

Report of learned Additional Sessions Judge, Faridabad has been received wherein it has been reported that statements of the petitioner as well as of complainant have been recorded who have stated that they have compromised the matter and that complainant-Preeti has no objection if the FIR is quashed. It has specifically been opined by learned Additional Sessions Judge, Faridabad that the compromise appears to be quite genuine, which seems to have been arrived at in the larger interest of both the parties.

4.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the petition is allowed and FIR No.32 dated 4.2.2014 under Sections 498-A, 506 of the Indian Penal Code, Police Station SGM Nagar, Faridabad and all the consequent proceedings arising therefrom are hereby quashed qua the petitioner. Consequently judgment dated 12.4.2018 whereby the petitioner has been convicted by the Court of the learned Judicial Magistrate Ist Class, Faridabad for offences punishable under Sections 498-A and 506 IPC is also set aside qua the petitioner.

( GURVINDER SINGH GILL) 2.9.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.09.02 17:50 I attest to the accuracy and integrity of this document