High Court of Punjab and HaryanaCRM-M/45951/2016allowed

Sonu Ghanghas v. State Of Haryana & ANR

2017-04-26Mrs. Justice Raj Rahul Garg2 pages

CRM-M-45951-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45951-2016 Date of Decision:- 26.04.2017 Sonu Ghangas ....Petitioner

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. S.K. Verma, Advocate for the petitioner.

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

Mr. Ram Kumar Saini, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.15 dated 21.01.2016, under Sections 452, 354(A)(1) and 506 IPC, registered at Police Station Civil Line, Bhiwani, on the basis of compromise deed dated 21.01.2016 (Annexure P-2). Brief facts of the case are that on 21.01.2016 the complainant received a telephonic call from the accused and thereafter the accused started obscene talks with her. After some time, the accused had came to her house and also tried to outrage her modesty. When she raised alarm, he ran away from the house. Thereafter, on the statement of complainant, the present FIR has been registered against the petitioner. Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise deed dated 21.01.2016 (Annexure P-2).

Naresh Kumar 2017.04.28 15:17 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-45951-2016 -2During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise deed dated 21.01.2016 (Annexure P-2), by way of order dated 22.12.2016, by this Court.

In compliance of order dated 22.12.2016 of this Court, the report of the Judicial Magistrate 1st Class, Bhiwani dated 22.02.2017 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioner is quashed. Statements of the petitioner and complainant have been recorded to the same effect. Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; 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, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No.15 dated 21.01.2016, under Sections 452, 354(A)(1) and 506 IPC, registered at Police Station Civil Line, Bhiwani and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise deed dated 21.01.2016 (Annexure P-2). The present petition stands disposed of.

April 26, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.04.28 15:17 I attest to the accuracy and integrity of this document Chandigarh