Dharam Pal Tokas & ORS v. State Of Haryana & ANR

CRM-M-25053 of 2016(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25053 of 2016(O&M) Date of Order:30.11.2016 Dharampal Tokas and others ..Petitioners

Versus

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

Present:

Mr. Ajay singh Ghangas Singh, Advocate, for the petitioners.

Mr. Vikas Chopra, DAG, Haryana Mr. Rakesh Dhiman, Advocate, for respondent no.2.

ANITA CHAUDHRY, J. (Oral) The instant petition is for quashing of FIR No.1094, dated 16.11.2015, registered under Sections 498A, 406, 506, 354 (A)(1), and 34 IPC, Police Station Gurgaon Sadar, District Gurgaon and all the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties. Report 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 genuine, voluntarily and out of free will of the parties. The trial court has also sent photocopies of statements of parties.

Learned counsel for the State on instructions submits that petitioners are the only accused and respondent no.2 is the only Naresh Kumar 2016.12.01 17:11 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-25053 of 2016(O&M) -2aggrieved 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 v. 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 petition is 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. November 30, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2016.12.01 17:11 I attest to the accuracy and integrity of this document Chandigarh