Piyush Pukhraj Bothra v. The State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.218 Case No. : Crl. Misc. No.M-46789 of 2021 Date of Decision : January 05, 2022 Piyush Pukhraj Bothra ....

Petitioner vs.

State of Haryana and another ....

Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. (Through Video Conferencing) Present :

Ms. Sapna Khurana, Advocate for the petitioner.

Mr. Karan Sharma, DAG, Haryana.

Mr. Yashveer Kharb, Advocate for respondent no.2.

* * * MANJARI NEHRU KAUL , J.

(Oral) :

The instant petition is for quashing of FIR No.163 dated 27.12.2019, lodged under Sections 498-A, 406, 377, 34 IPC, 1860 and Section 10 of the Protection of Children From Sexual Offence Act, 2012, registered at Women Police Station, Gurgaon, District Police Gurugram (Annexure P-1) and the consequential proceedings arising out of the same, on the basis of compromise dated 16.10.2021 (Annexure P-2) arrived at between the parties. However, Section 34 IPC and Section 10 of the Protection of Children From Sexual Offence Act, 2012 have been deleted in the challan.

Learned counsel for the parties submit that it was essentially on account of matrimonial dispute between the parties that the FIR in question came into existence. However, subsequently, with the intervention of elders and family members, the parties arrived at amicable settlement. MONIKA 2022.01.06 10:42 I attest to the accuracy and integrity of this document

Crl. Misc. No.M-46789 of 2021 : 2 :

Vide order dated 08.11.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at between them.

Report has since been received from learned Judicial Magistrate Ist Class, Gurugram, in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. 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 and the complainant has no objection if the FIR qua the accused-petitioner is quashed. The trial Court has annexed the copy of statements of the parties, along with its report.

Learned State counsel, on instructions, has apprised this Court that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question. In view of the report of the learned Judicial Magistrate Ist Class, Gurugram 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 a 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.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. January 05, 2022 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No MONIKA 2022.01.06 10:42 I attest to the accuracy and integrity of this document