High Court of Punjab and HaryanaCRM-M/53198/2021allowed

Ashok And Others v. State Of Haryana And Another

2022-02-15Mrs. Justice Manjari Nehru Kaul2 pages

241 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (through video conferencing) CRM-M-53198-2021 Decided on : 15.02.2022 Ashok & others ...... Petitioners

Versus

State of Haryana & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Gaurav Grover, Advocate for the petitioners.

Mr. Karan Sharma, DAG, Haryana.

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

**** Manjari Nehru Kaul, J.(Oral) Prayer in the instant petition filed under Section 482 Cr.PC is for quashing of FIR No.500 dated 10.08.2019 under Sections 148, 149, 313, 323, 498-A, 506, 509 IPC registered at Police Station Samalkha, District Panipat and all the consequential proceedings arising out of the same, on the basis of compromise dated 02.12.2021 arrived at, between the parties. Learned counsel for the petitioners submits that FIR in question emanates from a matrimonial dispute between petitioner No.1 and the complainant-wife. He further submits that subsequent to the registration of the FIR in question, the parties have ironed out all their differences and arrived at an amicable settlement.

Vide order dated 21.12.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their respective statements recorded regarding the compromise arrived at, between them.

SONIA BURA 2022.02.15 17:45 I attest to the accuracy and authenticity of this document chandigarh

CRM-M-53198-2021 - 2 - Report dated 14.01.2022 has since been received from the JMIC, Samalkha (Panipat) 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 statements of the parties alongwith its report. Learned State counsel assisted by counsel for respondent No.2 also submits that there is no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question. Learned counsel for respondent No.2 does not dispute the submissions made by counsel for the petitioners. He also does not oppose the prayer made by the petitioners for quashing of the FIR in question.

In view of the report of the learned JMIC, Samalkha(Panipat) and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 and Narinder Singh and others Vs. State of Punjab and another 2014(2) R.C.R. (Criminal) 482, 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. 15.02.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.02.15 17:45 I attest to the accuracy and authenticity of this document chandigarh