Ankush Chauhan And ORS. v. State Of Haryana And ANR.

CRM-M 4923 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M 4923 of 2015 Date of decision : 25.05.2015 Ankush Chauhan & ors.

....Petitioners V/s State of Haryana & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. B.R. Vohra, Advocate for the petitioners. Mr. Aditya Sanghi, Additional A.G. Hry.

RAJAN GUPTA J.

Petitioners have filed this petition under section 482 Cr.P.C. seeking quashing of FIR No. 22/14 dated 12.03.2014 registered under sections 498-A/406/323/377/506/34 IPC at police station MansaDevi Complex and all the subsequent proceedings arising therefrom on the basis of compromise. Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and others vs. State of Punjab, 2007(3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the impugned FIR deserves to be quashed.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh's case supra and submits that in case a compromise is arrived at between the parties the State would not stand in the way of quashing of FIR.

AJAY KUMAR 2015.05.26 16:46 I attest to the accuracy and authenticity of this document

CRM-M 4923 of 2015 Heard.

It appears that while issuing notice of motion a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:- "From the statements of the parties, it is very much clear that the parties have compromised the matter voluntarily, genuinely, out of their free will and without any pressure. Hence, the report. The statement of the parties are, hereby, submitted for Your Honour's kind perusal and for onward transmission to the Hon'ble High Court for necessary action, please. " Compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings.

In view of above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh's case supra. Resultantly, the present petition is allowed. The FIR in question and the subsequent proceedings arising therefrom are quashed.

May 25, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.05.26 16:46 I attest to the accuracy and authenticity of this document