Amit Sharma And ORS v. State Of Haryana And Others

223 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (through video conferencing) CRM-M-37669-2021 (O&M) Decided on : 01.02.2022 Amit Sharma & ors.

...... Petitioners

Versus

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

Mr. Arun Dogra, Advocate for the petitioners.

Mr. Karan Sharma, DAG, Haryana.

Mr. Sanjeev Kumar, Advocate for respondents No.2 and 3.

**** Manjari Nehru Kaul, J. (Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.44 dated 29.06.2021 under Sections 354-A, 354-D, 506, 509, 34 IPC registered at Police Station Women, District Rohtak and all the consequential proceedings arising out of the same, on the basis of compromise dated 23.08.2021 (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioners submits that FIR in question was got registered on account of some misunderstanding between the parties. However, subsequently the parties have ironed out all their differences and amicably resolved all their disputes among themselves. Vide order dated 13.09.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 15.11.2021 has since been received from the JMIC, Rohtak in pursuance to the direction of this Court. As per the report, SONIA BURA 2022.02.02 12:18 I attest to the accuracy and integrity of this document chandigarh

CRM-M-37669-2021 (O&M) - 2 - 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 statements of the parties in original alongwith its report. Learned State counsel assisted by counsel for respondent Nos.2 and 3 also submits that there is no other accused other than the petitioners and respondent Nos.2 and 3 are the only aggrieved persons in the FIR in question. In view of the report of the learned JMIC, Rohtak and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 and Narinder Singh and others Vs. State of Punjab and another, 2014(2) R.C.R. (Criminal) 482, 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. 01.02.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.02.02 12:18 I attest to the accuracy and integrity of this document chandigarh