Om Parkash And Others v. State Of Haryana And Another

CRM-M-45599-2018 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-45599-2018 (O&M) Decided on : 13.02.2020 Om Parkash & ors.

...... Petitioners

Versus

State of Haryana & anr.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Jai Bhagwan Sharma, Advocate for the petitioners.

Mr. D.R.Singla, DAG, Haryana.

Mr. Saurabh Sharma, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.44 dated 22.07.2016 under Sections 498-A, 323, 34, 354(A)(1), 377, 506 IPC registered at Police Station Women, Jind, District Jind (Annexure P-1) and the consequential proceedings arising out of the same, on the basis of compromise arrived at, between the parties. Vide order dated 21.08.2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate with 15 days to get their statements recorded regarding the compromise arrived at, between them.

Report dated 18.09.2019 has since been received from the learned JMIC, Jind in pursuance to the direction of this Court. As per the report, compromise has indeed been effected between the parties and the SONIA BURA 2020.02.20 10:17 I attest to the accuracy and integrity of this document chandigarh

CRM-M-45599-2018 (O&M) -2same is without any pressure or coercion and out of their free will. The trial Court has annexed the statements of the parties in original alongwith its report.

Learned State counsel also submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

This Court has also been apprised that the complainant is now happily residing with her husband -Om Parkash. In view of the report of the learned JMIC, Jind 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 qua the petitioners.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 13.02.2020 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2020.02.20 10:17 I attest to the accuracy and integrity of this document chandigarh