Ashok Kumar v. State Of Haryana And Another

CRM-M-33900-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33900-2019 Decided on : 12.03.2020 Ashok Kumar ...... Petitioner

Versus

State of Haryana & anr.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Sumit Sangwan, Advocate for the petitioner.

Mr. Surinder Kumar Dagar, DAG, Haryana.

Mr. Vikrant Rana, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.351 dated 11.07.2016 under Sections 34, 406, 498-A and 506 IPC registered at Police Station Urban Estate, Rohtak (Annexure P-1) and all the consequential proceedings arising therefrom on the basis of compromise deed dated 31.07.2019 (Annexure P-2) arrived at between the parties.

Vide order dated 09.01.2020 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15.01.2020 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 03.02.2020 has since been received from the learned Addl. CJM, Rohtak in pursuance to the direction of this Court. As SONIA BURA 2020.03.13 15:31 I attest to the accuracy and integrity of this document chandigarh

CRM-M-33900-2019 -2per 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 statements of the parties alongwith its report.

Learned State counsel as well as counsel for respondent No.2 also submit that there is no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question. Learned counsel for respondent No.2 also apprised the Court that the parties are residing together as husband and wife.

In view of the report of the learned Addl. CJM, Rohtak 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 is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed qua the petitioner.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 12.03.2020 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2020.03.13 15:31 I attest to the accuracy and integrity of this document chandigarh