High Court of Punjab and HaryanaCRM-M/5530/2015allowed

Sumeet Pal Singh v. Ut And ANR

2015-03-13Mrs. Justice Manjari Nehru Kaul2 pages

Crl. Misc. No. M-5530 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-5530 of 2015 Date of Decision:-13.3.2015 Sumeet Pal Singh

...Petitioner

Versus

Union Territory, Chandigarh and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Kirpal Singh Thakur, Advocate for the petitioner.

Ms. Ashima Mor, Assistant Public Prosecutor for respondent No.1-U.T. Chandigarh.

Mr. Rahul Bhargav, Advocate for respondent No.2-complainant.

HARI PAL VERMA J.

Prayer in the present petition is for quashing of FIR No.64 dated 12.2.2015, registered under Section 354-D IPC, at Police Station Sector 11, Chandigarh.

Vide order dated 20.2.2015, this Court has directed the Magistrate, having the jurisdiction, to record the statements of the parties and to submit his report.

In compliance of the order dated 20.2.2015, the parties have appeared before the learned Magistrate on 25.2.2015 for getting their statements recorded.

VIJAY ASIJA 2015.03.17 10:27 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-5530 of 2015 -2The report received from the learned Judicial Magistrate 1st Class, Chandigarh, reveals that the compromise has been effected between the parties without any undue pressure. Learned State counsel does not dispute the aforesaid factual position, rather admit the factum of compromise effected between the parties.

Heard.

Since the parties have entered into a compromise for an offence punishable under Section 354-D IPC and learned Magistrate has recorded their statements followed by his report, continuation of the trial arising out from the impugned FIR and consequential proceedings would be sheer abuse of the process of law since chances of the conviction are bleak.

Keeping in view the factum of compromise effected between the parties dated 30.2.2015 and the law laid down by this Court in the case of Kulwinder Singh and others vs. State of Punjab and another 2007(3) RCR (Crl.) 1052 (P & H), this petition is accepted and FIR No.64 dated 12.2.2015, registered under Section 354-D IPC, at Police Station Sector 11, Chandigarh and the consequential proceedings arising therefrom are hereby quashed.

March 13, 2015 ( HARI PAL VERMA ) Vijay Asija JUDGE VIJAY ASIJA 2015.03.17 10:27 I attest to the accuracy and integrity of this document