← Library
High Court of Punjab and HaryanaCRM-M/25335/2014allowed

Sushila Dalmia & ORS v. State Of Haryana & ANR

2015-05-12Mr Justice Gurdev Singh2 pages

CRM-M-25335 of 2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25335 of 2014 Date of Decision : 12.05.2015 Sushila Dalmia and others .......Petitioners

Versus

State of Haryana and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. R.A. Sheoran, Advocate for the petitioners.

Mr. Kuldeep Tiwari, Addl. AG, Haryana.

Mr. Karan Singh, Advocate for Mr. Sandeep Thakan, Advocate for respondent no. 2.

R.P. NAGRATH, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 916 dated 13.12.2013 for offences under Sections 420, 467, 468, 471 and 120-B of Indian Penal Code (IPC), registered at Police Station City Bhiwani, District Bhiwani.

Learned State counsel on instructions from HC Satish Kumar submits that petitioners are the only accused and respondent no. 2 is the only aggrieved person, who recorded the FIR. In deference to the order passed by this Court on 28.10.2014, the trial Court recorded the statements of both the parties on the compromise and reported that the compromise reached between the parties is genuine, voluntary and without any coercion and undue influence. The trial Court has also sent copies of the statements made by the parties.

JITENDER KUMAR 2015.05.13 10:18 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-25335 of 2014 -2No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following 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 (P&H) and approved by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and others, (2012)10 SCC 303, this petition is allowed and FIR No. 916 dated 13.12.2013 for offences under Sections 420, 467, 468, 471 and 120-B IPC, Police Station City Bhiwani, District Bhiwani and subsequent proceedings are quashed. Needless to say that the parties shall remain bound by the terms and conditions of the compromise and the statements made by them.

May 12, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.13 10:18 I attest to the accuracy and authenticity of this document Chandigarh