High Court of Punjab and HaryanaCRM-M/39448/2018allowed

Vishal And ANR v. State Of Haryana And ORS

2019-01-31Mr. Justice Amol Rattan Singh2 pages

CRM-M No.39448 of 2018 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CRM-M No.39448 of 2018 Date of Order: 31.01.2019 Vishal and Anr.

....Petitioners

Versus

State of Haryana and Ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. H.S. Deol, Advocate for the petitioners.

Mr. Brijesh Sharma, AAG, Haryana.

Mr. H.S. Mavi, Advocate for respondent No.2.

GURVINDER SINGH GILL, J (ORAL) By way of filing this petition, the petitioners seek quashing of FIR No.227 dated 20.6.2018 registered under Sections 452,323,506,34 IPC (Section 325 IPC added later on) registered at P.S Model Town Rewari, District Rewari along with all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Vide order dated 11.09.2018 the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get the statements recorded.

Report of learned Judicial Magistrate, Ist Class, Rewari dated 24.09.2018 has been received to the effect that statements of complainant Manisha and aggrieved persons namely Santosh and Nidhi and also of petitioners/accused Vishal and Naveen Kumar have been recorded to the effect that they have entered into a compromise with the intervention of respectables. The complainant has specifically stated that she has no objection if the FIR in the present case is quashed. Learned Judicial MANOJ KUMAR 2019.02.01 14:39 I attest to the accuracy and integrity of this document

CRM-M No.39448 of 2018 #2# Magistrate, Ist Class, Rewari opined that the compromise arrived between the parties is genuine and without there being any coercion, pressure or undue influence.

In view of the aforesaid report and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the petition is allowed and FIR No.227 dated 20.6.2018 registered under Sections 452,323,506,34 IPC (Section 325 IPC added later on) registered at P.S Model Town Rewari, District Rewari and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners.

January 31, 2019 (GURVINDER SINGH GILL) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.02.01 14:39 I attest to the accuracy and integrity of this document