Mandeep Singh@Mandeep Kumar And ORS v. State Of Haryana And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH (through video conferencing) CRM-M-42324-2021 Decided on : 29.11.2021 Mandeep Singh @ Mandeep Kumar & ors.
...... Petitioners
Versus
State of Haryana & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :
Mr. Vaibhav Jain, Advocate for the petitioners.
Mr. Gagandeep Singh Chhina, AAG, Haryana.
Mr. M.S.Sangha, Advocate for respondent No.2.
**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.498 dated 10.08.2018 under Sections 323, 34, 498-A IPC registered at Police Station Bhiwani City, District Bhiwani and all the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioner submits that FIR in question was registered on account of a marital dispute between the parties. He further submits that subsequently the matter stands amicably resolved between the parties.
Vide order dated 07.10.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 28.10.2021 to get their respective statements recorded regarding the compromise arrived at, between them.
SONIA BURA 2021.11.29 18:35 I attest to the accuracy and integrity of this document chandigarh
CRM-M-42324-2021 -2Report dated 08.11.2021 has since been received from the CJM, Bhiwani in pursuance to the direction of this Court. As per the report, 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 original statement of the parties alongwith its report. Learned State counsel also submits that there are no other accused other than the petitioners and the respondent is the only aggrieved person in the FIR in question.
In view of the report of the learned CJM, Bhiwani and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, 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. 29.11.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:
Yes/No Whether reportable :
Yes/No SONIA BURA 2021.11.29 18:35 I attest to the accuracy and integrity of this document chandigarh