High Court of Punjab and HaryanaCRM-M/28553/2016allowed

Gurcharan Singh v. Ut Of Chandigarh & ANR.

2016-10-19Mrs. Justice Raj Rahul Garg2 pages

CRM-M-28553-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28553-2016 Date of Decision:- 19.10.2016 Gurcharan Singh ....Petitioner

Versus

U.T. of Chandigarh and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. J.S. Ghumman, Advocate for the petitioner.

Mr. Deepinder Brar, Advocate, for U.T., Chandigarh. Mr. Neeraj Madan, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.317 dated 13.08.2013, under Sections 354, 354-A and 354-D IPC, registered at Police Station Sector 11, Chandigarh, on the basis of compromise dated 09.08.2016 (Annexure P-2). Brief facts of the case are that the complainant was working with petitioner in the Panjab University, Sector 14, Chandigarh. He physically/mentally harassed the complainant and also threatened her that he spoiled her service record. Due to the said fact, the F.I.R was registered against the petitioner.

Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of common friends and respectable persons, vide compromise dated 09.08.2016 (Annexure P-2). Naresh Kumar 2016.10.26 16:56 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-28553-2016 -2During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated 09.08.2016 (Annexure P-2), by way of order dated 19.08.2016, by this Court.

In compliance of order dated 19.08.2016 of this Court, the report of Judicial Magistrate 1st Class, Chandigarh dated 07.10.2016 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioner is quashed. Statements of the petitioner and complainant have been recorded to the same effect. Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and 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.317 dated 13.08.2013, under Sections 354, 354-A and 354-D IPC, registered at Police Station Sector 11, Chandigarh and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise dated 09.08.2016 (Annexure P-2). The present petition stands disposed of.

October 19, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.10.26 16:56 I attest to the accuracy and integrity of this document Chandigarh