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High Court of Punjab and HaryanaCRM-M/23129/2015allowed

Sarita Devi And ORS v. State Of Haryana & ANR

2016-08-02Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-23129 of 2015 -1- In the High Court of Punjab and Haryana at Chandigarh 1.

Crl. Misc. No. M-23129 of 2015 Date of Decision: 02.8.2016 Sarita Devi and others ......Petitioners

Versus

State of Haryana and another .....Respondents 2.

Crl. Misc. No. M-23876 of 2015 Swagat Goyal ......Petitioner

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. K.S.Khehar, Advocate for the petitioners.

Mr. Sanjay K. Saini, AAG, Haryana.

None for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) Vide this order, above mentioned two petitions would be disposed of.

The instant petitions are for quashing of FIR No. 187 dated 22.3.2015 registered under Sections 498-A, 323, 406, 506, 34 IPC, Police Station Sirsa City, District Sirsa (Annexure P-1) and all the consequent proceedings arising out of the same.

The petitions were filed on merits but during the pendency of the same, compromise has been effected between the parties. Gurpreet Singh Bhatia 2016.08.08 12:37 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-23129 of 2015 -2Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the compromise is voluntary. The trial Court has also sent the statements of the parties.

Learned counsel for the State on instructions submits that the petitioners are the only accused and respondent No. 2 is the only aggrieved person in this FIR.

No useful purpose would be served to keep the FIR pending. In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petitions are allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE August 02, 2016 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Gurpreet Singh Bhatia 2016.08.08 12:37 I attest to the accuracy and authenticity of this document High Court Chandigarh