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High Court of Punjab and HaryanaCRM-M/34939/2020dismissed

Deepak Kumar v. State Of Haryana And Another

2020-10-30Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.34939 of 2020 (O&M) DATE OF DECISION: 30.10.2020 Deepak Kumar .....Petitioner versus State of Haryana and another .....Respondents CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Mohit Rathee, Advocate for the petitioner Ms. Dimple Jain, Assistant Advocate General, Haryana Mr. Mayur Kakra, Advocate for respondent No.2 ..

ALKA SARIN, J.: (Oral) Heard through video conferencing.

The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.53 dated 02.02.2020 under Section 376(2)(n) and 506 of the Indian Penal Code, 1860 registered at Police Station DLF, Sector 29, District Gurugram and all subsequent proceedings arising therefrom.

Learned counsel for the petitioner has contended that the petitioner and the Prosecutrix were in a live-in-relationship and she has admitted the same by way of affidavit dated 19.03.2020 (Annexure P-4). It is further the contention of learned counsel for the petitioner that the Prosecutrix is a 30 years old lady, who is mature and had willingly entered into the live-in-relationship with the petitioner. PARKASH CHAND 2020.11.02 10:31 I attest to the accuracy and integrity of this document

CRM-M No.34939 of 2020 -2Learned counsel for the complainant, who has also put in appearance through VC, admits the execution of the affidavit dated 19.03.2020 by the complainant.

Having regard to the fact that no compromise of the parties has been placed on record for quashing of the present FIR, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file afresh on the basis of a compromise arrived at between the parties.

Dismissed as withdrawn with the liberty aforesaid. (ALKA SARIN) JUDGE 30.10.2020 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2020.11.02 10:31 I attest to the accuracy and integrity of this document