Meenakshi & ORS v. State Of Haryana And ANR

CRM-M-44827 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-44827 of 2016 Date of decision: 10.07.2017 Smt. Meenakshi and others .... Petitioners

Versus

State of Haryana and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. J.S. Bedi, Senior Advocate with Ms. Harsimran Singh, Advocate for the petitioners.

Mr. A.S. Chahal, DAG, Haryana.

Mr. Sunil Sihag, Advocate for respondent no. 2.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.154 dated 09.09.2010 (Annexure P-1) alongwith all consequential proceedings arising therefrom, registered for offences punishable under Sections 420, 467, 468, 471, 506, 447 read with Section 120-B of Indian Penal Code (for short 'IPC') at Police Station Bilaspur, District Gurgaon, on the basis of the compromise dated 08.12.2016 (Annexure P-2).

As per allegations in FIR, land of complainant was purchased by petitioner no. 1 through attorney of complainant, petitioner no. 2. The general power of attorney in favour of petitioner no. 2 was found to be fake and consequently the sale deed. The police after investigation has presented the challan against petitioner no. 2.

Learned counsel for the petitioners submits that the matter has since been settled vide compromise, copy of which has been placed on file Jitender Kumar 2017.07.11 10:58 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-44827 of 2016 -2as Annexure P-2.

Learned counsel for respondent No.2-complainant has endorsed the submission of learned counsel for the petitioners and has no objection if the impugned FIR (Annexure P-1) is quashed.

Learned State counsel has also not disputed compromise dated 08.12.2016 (Annexure P-2).

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 16.01.2017 stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine, voluntary in nature and without any coercion or undue influence. Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR no. 154 dated 09.09.2010, Police Station Bilaspur, District Gurgaon (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed. July 10, 2017 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jitender Kumar 2017.07.11 10:58 I attest to the accuracy and integrity of this document CHANDIGARH