Mohit @ Gullu v. State Of Haryana And ANR

CRM-M-34440-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34440-2016 Date of Decision:- 06.02.2017 Mohit @ Gullu ....Petitioner

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Anoop Kumar Yadav, Advocate, for the petitioner. Ms. Mahima Yashpal, AAG, Haryana.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.07 dated 07.09.2015, under Sections 354-A, 427, 323 and 506 IPC, registered at Police Station Narnaul, District Mahendergarh, on the basis of compromise dated 12.09.2016 (Annexure P-2). Brief facts of the case are that on 06.09.2015 at night when complainant was going to her house with her husband Raju Sharma in a car, a boy came from behind and threw stones and broke the glasses of the car. Thereafter, the said boy started abusing the complainant and her husband and used obscene words to her and scuffled with her husband whereby her husband also got injured. Thereafter, the F.I.R was registered against the petitioner.

Learned counsel for the petitioners submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 12.09.2016 (Annexure P-2).

Naresh Kumar 2017.02.09 10:15 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-34440-2016 -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 12.09.2016 (Annexure P-2), by way of order dated 27.09.2016, by this Court.

In compliance of order dated 27.09.2016 of this Court, the report of the Chief Judicial Magistrate, Narnaul, dated 13.10.2016 has been received. As per the report, the statements of complainant and her husband have been recorded and the complainant has no objection, if the present FIR registered against the petitioner is quashed. 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.07 dated 07.09.2015, under Sections 354A, 427, 323 and 506 IPC, registered at Police Station Narnaul, District Mahendergarh and all the subsequent proceedings arising therefrom qua petitioner are hereby quashed, on the basis of compromise dated 12.09.2016 (Annexure P-2).

The present petition stands disposed of.

February, 06, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.02.09 10:15 I attest to the accuracy and integrity of this document Chandigarh