Jagjit Singh And Others v. State Of Haryana And ANR.

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-26428-2019 (O&M) Date of Decision:-6.11.2019 Jagjit Singh and others ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioners.

Mr. Brijesh Sharma, AAG, Haryana.

***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.10 dated 25.2.2019 registered at Police Station Women Police, Kurukshetra, District Kurukshetra under Sections 323, 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.

Ms. Usha Rani, Advocate has put in appearance on behalf of respondent No.2 and has filed power of attorney, which is taken on record. Vide order dated 19.8.2019, 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.

PANKAJ KAKKAR 2019.11.07 12:56 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-26428-2019 (O&M) Report of learned Judicial Magistrate 1st Class, Kurukshetra has been received, wherein it has been reported that statements of petitioners/accused Jagjit Singh, Satpal Singh, Beant Kaur and Paramjit Singh and also of complainant Sushma Devi 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 complainant has also stated in her statement that she has received permanent alimony amounting to `1,50,000/- from the accused persons.

The learned Judicial Magistrate 1st Class, Kurukshetra 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.10 dated 25.2.2019 registered at Police Station Women Police, Kurukshetra, District Kurukshetra under Sections 323, 498-A and 506 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 6.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.11.07 12:56 I attest to the accuracy and integrity of this document