High Court of Punjab and HaryanaCRM-M/31022/2021allowed

Paramveer 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-31022-2021 (O&M) Decided on : 04.10.2021 Paramveer ...... Petitioner

Versus

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

Mr. Abhimanyu Batra, Advocate for the petitioner.

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

Mr. Yashasvi Kapila, Advocate for the complainant.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.183 dated 10.12.2018 under Sections 313, 323, 34, 342, 498-A and 406 IPC registered at Police Station Women, District Gurgaon 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 on account of matrimonial dispute between the parties, FIR in question was registered against the petitioner. However, subsequently the matter has been amicably resolved between the parties and a joint petition under Section 13-B of Hindu Marriage Act has also been filed before the Family Court concerned. 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.

SONIA BURA 2021.10.04 16:49 I attest to the accuracy and integrity of this document chandigarh

CRM-M-31022-2021 (O&M) -2Report dated 03.09.2021 has since been received from the JMIC, Gurugram in pursuance to the direction of this Court. 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. 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 petitioner and the respondent is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Gurugram 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 16:49 I attest to the accuracy and integrity of this document chandigarh