Anish Khosla v. State Of Haryana And ANR.

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-24164-2019 (O&M) Date of Decision:-29.8.2019 Anish Khosla ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amitabh Tewari, Advocate for the petitioner. Ms. Aditi Girdhar, Assistant Advocate General, Haryana. ***** GURVINDER SINGH GILL, J .(Oral) The petitioner has approached this Court seeking quashing of FIR No.143 dated 25.7.2016 registered at Police Station Women Police Station, District Gurgaon under Sections 323, 406, 498-A and 506 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Reply by way of affidavit of Usha, HPS, Assistant Commissioner of Police, CAW East, Gurugram has been filed by learned State counsel today in Court, which is taken on record. Vide order dated 24.5.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Judicial Magistrate 1st Class, Gurugram has been received, wherein it has been reported that statements of Pankaj Kakkar 2019.08.30 14:13 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-24164-2019 (O&M) petitioner/accused Anish Khosla and also of complainant Ruchi Khosla have been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed. The learned Judicial Magistrate 1st Class, Gurugram has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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 present petition is allowed and FIR No.143 dated 25.7.2016 registered at Police Station Women Police Station, District Gurgaon under Sections 323, 406, 498-A and 506 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 29.8.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2019.08.30 14:13 I attest to the accuracy and integrity of this document