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High Court of Punjab and HaryanaCRM-M/22701/2019allowed

Rahul v. State Of Haryana Etc

2019-12-19Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22701-2019 Date of decision:19.12.2019 RAHUL .....Petitioner

Versus

STATE OF HARYANA AND ANOTHER .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Dishant D. Tuteja, advocate for the petitioner.

Mr. Ashok Singh Choudhary, Addl. A.G., Haryana. **** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks quashing of FIR No.19 dated 18.1.2018 registered under Sections 506, 384, 201 IPC & Section 12 POCSO Act, Police Station Matlauda, District Panipat and proceedings emanating therefrom on the basis of a compromise effected between the parties. 2.

Vide order dated 20.8.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded as regards genuineness of the compromise.

3.

Report of learned Additional District & Sessions Judge, Panipat has been GAURAV SOROT 2019.12.19 15:57 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-22701-2019 received, wherein it has been reported that statements of petitioner/accused-Rahul and also of complainant-Khushi have been recorded to the effect that they have compromised the matter amongst themselves.

5.

The complainant in her statement has specifically stated that she has compromised the matter with the accused and requested that case may be decided on the basis of compromise.

6.

The learned Additional District & Sessions Judge, Panipat has specifically opined that compromise is genuine voluntary, and without any coercion or undue influence.

7.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the petition is allowed and FIR No.19 dated 18.1.2018 registered under Sections 506, 384, 201 IPC & Section 12 POCSO Act, Police Station Matlauda, District Panipat and all the consequent proceedings arising therefrom are hereby quashed qua the petitioner.

( GURVINDER SINGH GILL) 19.12.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.12.19 15:57 I attest to the accuracy and integrity of this document