Ankit And Others v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-29422-2019 Date of decision:3.10.2019 ANKIT AND OTHERS .....Petitioners

Versus

STATE OF HARYANA AND ANOTHER .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Manoj Pundir, Advocate for Mr. Bhupender Singh, Advocate for the petitioners.

Ms. Aditi Girdhar, AAG, Haryana.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioners seek quashing of FIR No.77 dated 19.6.2019 under Sections 354, 354-D, 365, 511 IPC & Section 8 of POCSO Act, Police Station Women Karnal, District Karnal and proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Reply by way of affidavit of Mr. Jagdeep Singh, HPS, Deputy Superintendent of Police, Karnal-II on behalf of respondent No.1 filed, GAURAV SOROT 2019.10.04 17:21 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-29422-2019 which is taken on record.

3.

Vide order dated 25.7.2019 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, Karnal has been received wherein it has been reported that statements of the petitioners as well as of complainant (minor) and her father namely Mr.K.L. Gandhi have been recorded who have stated that they have compromised the matter and that complainant and her father have no objection if the FIR is quashed. It has specifically been opined by learned Magistrate that the compromise between the parties is genuine, made voluntarily and out of their free will and without any pressure.

5.

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.77 dated 19.6.2019 under Sections 354, 354-D, 365, 511 IPC & Section 8 of POCSO Act, Police Station Women Karnal, District Karnal and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners.

( GURVINDER SINGH GILL) 3.10.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.10.04 17:21 I attest to the accuracy and integrity of this document