Krishan Singla v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJABD & HARYANA

AT CHANDIGARH (Through Video Conferencing) CRM-M 29572/2021(O&M) Date of decision: 04.02.2022 Krishan Singla ...........Petitioner

Versus

State of Haryana and another ...........Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present:- Mr.Vikram Singh,Advocate for the petitioner.

Mr. Karan Sharma, DAG, Haryana.

Mr. Vivek Sakhun,Advocate for respondent no.2. ***** MANJARI NEHRU KAUL,J.(ORAL) The instant petition is for quashing of FIR No.268 dated 23.3.2019 under Sections 34/406/498-A/506 IPC registered at Police Station Karnal City and subsequent proceedings arising therefrom on the basis of compromise dated 19.7.2021 (Annexure P-2) effected between the parties.

Learned counsel for the petitioner submits that on account of a matrimonial dispute between the parties, FIR in question came into the existence. He further submits that subsequent to the registration of the FIR, parties have arrived at an amicable settlement vide compromise dated 19.07.2021.

Vide order dated 03.12.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate concerned on 5.1.2022 to get their statements recorded regarding the compromise arrived at, between them.

RAJINDER PARSHAD JOSHI 2022.02.04 19:48 I attest to the accuracy and authenticity of this document

CRM-M-29572-2021 (O&M) -2Report has since been received from the learned Judicial Magistrate concerned in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that she would have no objection if the FIR qua the accusedpetitioner is quashed. The trial Court has annexed the statements of the parties alongwith its report.

Learned counsel for the complainant does not dispute the submissions made by counsel opposite and also does not oppose the prayer for quashing of the FIR in question.

In view of the report of the learned Judicial Magistrate concerned and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and in Narinder Singh and others Vs. State of Punjab and another, 2014(2) RCR (Criminal) 482, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 04.02.2022 (MANJARI NEHRU KAUL) joshi JUDGE Whether speaking/reasoned : Yes/No Whether reportable Yes/No RAJINDER PARSHAD JOSHI 2022.02.04 19:48 I attest to the accuracy and authenticity of this document