Komal v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-40055-2024 Date of decision: 21.10.2024 KOMAL ....Petitioner V/s STATE OF HARYANA AND ANOTHER ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Dhruv Gupta, Advocate, for the petitioner. Mr. Praveen Bhadu, AAG, Haryana.

Mr.Prince Pushpinder Rana, Advocate for respondent No.2. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner in the instant petition filed under Section 482 of Cr.P.C. is seeking quashing of FIR No.220 dated 07.07.2017 under Sections 406, 420 of the Indian Penal Code (Sections 120-B/467/468/471 of the IPC added later on) registered at Police Station Baldev Nagar, District Ambala, and all consequential proceedings arising out of the same, on the basis of compromise dated 22.07.2024 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 20.08.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 19.09.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Addl.Chief Judicial Magistrate, Ambala in pursuance of the directions of this Court, POONAM RATHORE 2024.10.21 17:40 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-40055-2024 -2wherein, 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 also made statement to the effect that she would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The Trial Court has annexed the statements of the parties (in original), alongwith its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Addl.Chief Judicial Magistrate, Ambala and the principles laid down by Hon'ble 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 petitioners. 7.

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 October 21, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.10.21 17:40 I attest to the accuracy and authenticity of this document High Court Chandigarh