High Court of Punjab and HaryanaCRM-M/24144/2016allowed

Suresh Kumar And ANR v. State Of Punjab And ANR

2016-09-22Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-24144 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-24144 of 2016 Date of decision : 22.09.2016 Suresh Kumar and anr.

......Petitioner versus State of Punjab & anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Rohit Kumar, Advocate for the petitioners.

Mr. A.P.S. Gill, A.A.G. Punjab **** RITU BAHRI , J. (Oral) Quashing of FIR No. 54 dated 01.07.2016 under Sections 354/341/354-B/323/506/34 IPC, registered at Police Station S.G.N Dev Trml Plant, Bathinda, is being sought on the basis of compromise deed dated 11.07.2016 (Annexure P-2).

Respondent No. 2 got registered the above said F.I.R with the allegations that on 28.06.2016 when the complainant was going to her office, she was about to sit in the auto rickshaw. Petitioners who were neighbours rounded her and started uttering good and bad words. Petitioner No. 2 caught from her hand and petitioner No. 1 who was having stick in his hand started beating her and thereafter, torn her clothes and touched her private parts. Thereafter, petitioner No. 2 gave her beatings by stick blow on her leg, hand and at her back.

However, the matter has now been duly compromised, vide compromise deed dated 11.07.2016 (Annexure P-2). GAURAV ARORA 2016.10.04 10:41 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-24144 of 2016 In compliance of order dated 19.07.2016, report of Judicial Magistrate 1st Class, Bathinda, has been received in this regard. As per report, statement of parties have been recorded. Complainant stated that the matter stands compromised between the parties with the intervention of respectables of the village She does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. To the same effect is the statement given by the petitioners. 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. 54 dated 01.07.2016 under Sections 354/341/354-B/323/506/34 IPC, registered at Police Station S.G.N Dev Trml Plant, Bathinda, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

22.09.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.10.04 10:41 I attest to the accuracy and integrity of this document