Himanshu Maurya v. State Of Haryana And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 17.04.2023 Himanshu Maurya.

...... Petitioner V/S State of Haryana and Anr.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Abhinay Sharma, Advocate for the petitioner.

Ms. Deepshikha Chauhan, AAG, Haryana.

Ms. Nevadita Malik, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioner- Himanshu Maurya has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.0160 dated 23.11.2019, under Sections 354-D and 509 of IPC, registered at Women Police Station Panchkula, District Panchkula and all other subsequent proceedings on the basis of compromise between the parties dated 06.06.2022 (Annexure P-3). As per the facts of the case, the complainant - Pratima Maurya gave written complaint to the SHO Women Police Station, Panchkula that she was receiving calls from some unknown number i.e. 7020610503. He was using wrong words regarding her and her family. The said person knew each and every detail of her family and was abusing her. He was not picking up any call when she

-2and her family members called him. In this way, she was being harassed. The matter was investigated and the FIR was registered. Thereafter, Himanshu the present petitioner was chargesheeted in the aforesaid FIR. The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the court of Judicial Magistrate 1st Class, Panchkula dated 19.09.2022. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioner. She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR.

The petitioner-Himanshu Maurya also confirmed this fact in his separate statement. The statement of ASI Jasmeet Kaur is also recorded who further confirmed that the accused is neither involved in any other case nor has been declared as proclaimed offender.

Therefore, from the report of Judicial Magistrate 1st Class, Panchkula, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their disputes. They will be able to live in peace and harmony. It will end all litigation started between them. No purpose would be served with the continuation of criminal proceedings. Therefore considering these facts the petition filed by the petitioner is accepted and FIR No.0160 dated 23.11.2019, under Sections 354-D and 509 of

-3IPC, registered at Women Police Station Panchkula, District Panchkula and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 17.04.2023 Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No