High Court of Punjab and HaryanaCRM-M/3927/2015disposed of

Naresh Kumar And ANR v. State Of Haryana And ANR

2016-08-23Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-3927 of 2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-3927 of 2015 Date of decision : 23.08.2016 Naresh Kumar and anr.

......Petitioners versus State of Haryana & anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Navneet Singh, Advocate for the petitioners Mr. Himmat Singh, AAG, Haryana Mr. P.S. Rawal, Advocate for the complainant/respondent No. 2 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 653 dated 22.09.2013 under Sections 294/34 IPC and Section 354D/506 IPC (added lateron) and Section 11 of POCSO Act, registered at Police Station Gurgaon Sadar, District Gurgaon, is being sought on the basis of compromise/affidavit dated 28.01.2015 (Annexure P2).

The allegations are of stalking the daughter of the complainant and calls to her by petitioner No. 1 and after lodging of the complaint, petitioner No. 2 was accompanying petitioner No. 1 as they came to speak up as about the incidence after police complaint. However, the matter has now been duly compromised, vide compromise deed/affidavit dated 28.01.2015 (Annexure P2). In compliance of order dated 06.02.2015, report of District and Sessions Judge, Gurgaon has been received in this regard. As per report, GAURAV ARORA 2016.08.31 10:37 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-3927 of 2015 joint statement of the complainant and his daughter baby Hazel was recorded to the effect that they have compromised the matter and the complainant does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. Joint statement of petitioners have also been recorded to the same effect.

Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No. 653 dated 22.09.2013 under Sections 294/34 IPC and Section 354D/506 IPC (added lateron) and Section 11 of POCSO Act, registered at Police Station Gurgaon Sadar, District Gurgaon, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

23.08.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.08.31 10:37 I attest to the accuracy and integrity of this document