Brij Mohan v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-27810-2019 Date of decision:13.9.2019 Brij Mohan .....Petitioner

Versus

State of Haryana and another .....Respondents CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL

Present:

Mr. Manish Joshi, Advocate for Mr. C.L. Premy, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

Mr. Naveen Gupta, Advocate for respondent No.2.

GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks quashing of FIR No.127 dated 11.7.2016 under Sections 34, 406, 498-A, 506, 323 IPC, Police Station Women Gurgaon, District Gurgaon and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Mr. Naveen Gupta, Advocate has put in appearance on behalf of respondent No.2 and has filed power of attorney, which is taken on record.

3.

Vide order dated 4.7.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get the statements recorded with regard to the genuineness of the compromise.

4.

Report of learned Judicial Magistrate Ist Class, Gurugram has been GAURAV SOROT 2019.09.16 10:26 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-27810-2019 received wherein it has been reported that statements of the petitioner as well as of complainant-Manisha have been recorded who have stated that they have compromised the matter and that complainant has no objection if the FIR is quashed. It has specifically been opined by the learned Magistrate that compromise is genuine & valid and dispute between the parties has been resolved amicably and the settlement has been arrived at between them out of their own sweet Will without any undue threat, coercion or pressure.

5.

An amount of `4 lakhs has been handed over by way of demand draft by learned counsel for the petitioner, which has been accepted by respondent No.2 who is present in person along with her counsel. A photocopy of demand draft is taken on record. Learned counsel for respondent No.2 has stated that all the terms of a compromise stands complied and that he has no objection in quashing of the FIR.

6.

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 petition is allowed and FIR No.127 dated 11.7.2016 under Sections 34, 406, 498-A, 506, 323 IPC, Police Station Women Gurgaon, District Gurgaon and all the consequent proceedings arising therefrom are hereby quashed qua the petitioner. ( GURVINDER SINGH GILL) 13.9.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.09.16 10:26 I attest to the accuracy and integrity of this document