Monica And ANR v. State Of Haryana And ANR.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 232/2 2023:PHHC:121967 CRM-M-43777-2016 (O&M) Date of decision: September 15th, 2023 Monica Saini and another .....Petitioners

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Nitin Thatai, Advocate for the petitioners.

Mr. Rahul Mohan, Senior Deputy Advocate General, Haryana.

Mr. Ankit Kamboj, Advocate for Mr. Munish Mittal, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.573 dated 01.10.2016 registered under Section 25 of Juvenile Justice (Care and Protection of Children) Act, 2000 and Section 323 of the IPC at Police Station Thanesar Sadar, District Kurukshetra and all the subsequent proceedings arising therefrom. Vide order dated 14.07.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 18.08.203 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Additional Chief Judicial Magistrate, Kurukshetra, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report PUNEET SACHDEVA 2023.09.15 16:52 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-43777-2016 (O&M) -2compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original, along with its report.

Learned counsel for the respondents too submits that there are no other accused other than the petitioners and respondents are the only aggrieved person in the FIR in question. In view of the report of the learned Additional Chief Judicial Magistrate, Kurukshetra, and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. September 15th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.09.15 16:52 I attest to the accuracy and integrity of this document.

Chandigarh