Harender v. State Of Haryana And ANR

Crl. Misc. No. M-513 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-513 of 2018 Date of Decision: 04.4.2018 Harender ......Petitioner

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Shokeen Singh Verma, Advocate for the petitioner.

Mr. Arun Kumar, AAG, Haryana Mr. R.S.Nara, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 136 dated 17.5.2014 registered under Sections 498-A, 406, 323, 34 IPC, Police Station Kalanaur, District Rohtak (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.

Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the compromise is voluntary and without any pressure. The trial Court has also sent the copy of the statements of the parties and copy of the compromise.

Learned counsel for the State on instructions submits that petitioner and Bimla are the accused and respondent No. 2 is the only Gurpreet Singh Bhatia 2018.04.06 16:28 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-513 of 2018 -2aggrieved person in this FIR. Bimla is not a party to the present petition. No useful purpose would be served to keep the FIR pending. In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioner only. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE April 04, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.04.06 16:28 I attest to the accuracy and authenticity of this document chandigarh