High Court of Punjab and HaryanaCRM-M/31137/2021allowed

Himanshu Khatri And Another v. State Of Haryana And Another

2021-10-04Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31137-2021 (O&M) Decided on : 04.10.2021 Himanshu Khatri ...... Petitioner

Versus

State of Haryana & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Kunal Muthreja, Advocate for the petitioner.

Mr. Z.S.Chauhan, DAG, Haryana.

Mr. Vipul Sherwal, Advocate for the complainant.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.124 dated 18.07.2019 under Sections 323, 34, 354-A, 498-A and 406 IPC registered at Police Station Women, District NIT, Faridabad and all the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioner submits that FIR in question, which was registered against the petitioners due to misunderstanding, has been amicably resolved between the parties.

Vide order dated 05.08.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 03.09.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 13.09.2021 has since been received from the JMIC, Faridabad in pursuance to the direction of this Court. As per the SONIA BURA 2021.10.04 17:02 I attest to the accuracy and integrity of this document chandigarh

CRM-M-31137-2021 (O&M) -2report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the original copies of the statement of the parties alongwith its report.

Learned State counsel also submits that there are no other accused other than the petitioners and the respondent is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Faridabad and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 04.10.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.10.04 17:02 I attest to the accuracy and integrity of this document chandigarh