High Court of Punjab and HaryanaCRM-M/43957/2016allowed

Naresh v. State Of Haryana & ANR

2017-04-17Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-43957 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-43957 of 2016 Date of decision : 17.04.2017 Naresh ....Petitioner versus State of Haryana and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Amrinder Singh, Advocate for the petitioner Ms. Manpreet Dhaliwal, AAG, Punjab **** RITU BAHRI , J. (Oral) Quashing of FIR No. 142 dated 09.10.2016 under Section 376/450/506 IPC, registered at Women Police Station, District Faridabad, is being sought on the basis of compromise deed dated 24.11.2016 (Annexure P-2).

The FIR was got registered on the statement of complainant/respondent No.2 to the effect that the petitioner has committed rape upon her.

However, at the stage of investigation, the matter has now been duly compromised, vide compromise deed dated 24.11.2016 (Annexure P-2) as both the families do not want to continue with the proceedings. In compliance of order dated 12.01.2017, report dated 23.02.2017 of Judl. Magistrate 1st Class, Faridabad has been received in this regard. As per report, statement of parties have been recorded. The complainant stated that the matter stands compromised between the parties GAURAV ARORA 2017.04.19 11:15 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-43957 of 2016 she does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioner. The compromise has been entered voluntarily. To the same effect is the statement given by the petitioner.

Consequently, in view of the status report dated 23.02.2017 and in view of the judgment of the Hon'ble Supreme Court in the case of 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, as no useful purpose would be served in prolonging the litigation. Accordingly, FIR No. 142 dated 09.10.2016 under Section 376/450/506 IPC, registered at Women Police Station, District Faridabad, is quashed along with all consequential proceedings arising therefrom qua petitioner.

The petition stands disposed of.

17.04.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.04.19 11:15 I attest to the accuracy and integrity of this document Chandigarh