Jaswant v. State Of Haryana & ORS

Crl. Misc. No. M-44246 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-44246 of 2018 Date of Decision: 14.12.2018 Jaswant ......Petitioner

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Ms. Monika Jangra, Advocate for the petitioner.

Mr. Arun Kumar, AAG, Haryana Mr. Avinash Mandla, Advocate for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 0165 dated 18.6.2018 registered under Sections 8 of POCSO Act and later on added Sections 354-A, 354-D, 506 IPC, Police Station Isarana, District Panipat (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise arrived at between the parties. Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the compromise. The trial Court has also sent the copy of the statements of the parties.

Learned counsel for the State on instructions submits that petitioner is the only accused and respondents No. 2 and 3 are the only aggrieved persons in this FIR.

GURPREET SINGH 2018.12.14 16:08 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-44246 of 2018 -2No useful purpose would be served to keep the FIR pending. In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioner. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE December 14, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.12.14 16:08 I attest to the accuracy and authenticity of this document chandigarh