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High Court of Punjab and HaryanaCRM-M/31397/2019allowed

Devender And Another v. State Of Haryana And Another

2019-09-30Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-31397-2019 Date of decision:30.09.2019 DEVENDER AND ANOTHER .....Petitioners

Versus

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

Present:

Mr. Shiv Kumar, Advocate for the petitioners.

Mr. Ashok Singh Choudhary, Addl. A.G., Haryana. Mr. A.K. Ramolia, Advocate for respondent No.2.

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

The petitioners seeks quashing of FIR No. 23 dated 5.2.2016 under Sections 406, 498-A, 506 IPC, Police Station Chhansa, District Faridabad and proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 24.7.2019 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.

GAURAV SOROT 2019.10.01 10:09 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-31397-2019 3.

Report of learned Judicial Magistrate Ist Class, Faridabad has been received wherein it has been reported that statements of the petitioners as well as of complainant-Kavita 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 learned Judicial Magistrate Ist Class, Faridabad that the compromise is genuine and has been arrived between them voluntarily and the same is not due to any threat, coercion or undue influence from the accused side and is a volunteered act of the parties.

4.

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. 23 dated 5.2.2016 under Sections 406, 498-A, 506 IPC, Police Station Chhansa, District Faridabad and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 30.9.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.10.01 10:09 I attest to the accuracy and integrity of this document