High Court of Punjab and HaryanaCRM-M/9069/2017allowed

Parkash Chand v. State Of Punjab & ANR

2017-05-12Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-9069-2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-9069-2017 Date of decision : 12.05.2017 Parkash Chand ......Petitioner versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. J.P.S. Sarao, Advocate for the petitioner Mr. A.P.S. Gill, AAG, Punjab **** RITU BAHRI , J. (Oral) Quashing of FIR No. 004 dated 14.01.2017 under Sections 354A IPC and Section 8 of POCSO Act, registered at Police Station Ghagga, District Patiala, is being sought on the basis of compromise deed dated 10.02.2017 (Annexure P-2) The allegation against the petitioner is that he was doing obscene activities with the daughter of the complainant i.e Jasleen Kaur aged about 5 years. On seeing the complainant and his friends, the petitioner fled away from the spot.

However, the matter has now been duly compromised, on the basis of compromise deed dated 10.02.2017 (Annexure P-2) In compliance of order dated 30.03.2017, report dated 09.05.2017 of Judicial Magistrate 1st Class, Samana has been received in this regard. As per report, separate statement of the complainant, eye witness-Gursewak Singh and petitioner had been recorded and they stated that the matter has been duly compromised between them. The compromise GAURAV ARORA 2017.05.24 14:38 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-9069-2017 has been entered voluntarily. The complainant has no objection if the F.I.R be quashed against the petitioner. The compromise is without any pressure, influence or coercion.

Consequently, in view of the status report dated 09.05.2017 and in view of the judgment of the Hon'ble Supreme Court in cases of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No. 004 dated 14.01.2017 under Sections 354-A IPC and Section 8 of POCSO Act, registered at Police Station Ghagga, District Patiala, is quashed along with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of.

12.05.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.05.24 14:38 I attest to the accuracy and integrity of this document Chandigarh