Aman Kukreja And Another v. State Of Haryana And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-31891-2019 (O&M) Date of Decision:-17.12.2019 Aman Kukreja and another ... Petitioners

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. K.K. Garg, Advocate for the petitioners.

Ms. Aditi Girdhar, Assistant Advocate General, Haryana. Mr. Sahil Choudhary, Advocate for Mr. Shiv Kumar, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.27 dated 15.1.2019 registered at Police Station Kotwali, Faridabad under Sections 498-A, 377, 406 and 506 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 20.11.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

4.

Report of learned Judicial Magistrate 1st Class, Faridabad has been received, wherein it has been reported that statements of petitioners/accused Aman Kukreja and Abinash Kukreja and also of complainant Tanu Bhatia have PANKAJ KAKKAR 2019.12.17 15:39 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-31891-2019 (O&M) been recorded to the effect that they have compromised the matter amongst themselves.

5.

The complainant in her statement has stated that she has no objection in case the FIR in question is quashed.

6.

The learned Judicial Magistrate 1st Class, Faridabad has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 7.

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 present petition is allowed and FIR No.27 dated 15.1.2019 registered at Police Station Kotwali, Faridabad under Sections 498-A, 377, 406 and 506 of Indian Penal Code, 1860 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

17.12.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.12.17 15:39 I attest to the accuracy and integrity of this document