Deepak Gupta v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44584-2019 Date of decision:4.12.2019 DEEPAK GUPTA .....Petitioner

Versus

STATE OF HARYANA AND ANR .....Respondents CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL

Present:

Mr. Krishan M. Vohra, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

Mr. Sandeep Jasuja, Advocate for respondent No.2.

GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks quashing of FIR No.5 dated 4.1.2016 under Sections 323, 406, 498-A & 506 IPC, Police Station Assandh, District Karnal Haryana and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 19.10.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get the statements recorded with regard to the genuineness of the compromise. 3.

Report of learned Judicial Magistrate 1st Class, Assandh has been received, wherein it has been reported that statements of petitioner/accused and also of complainant-Shivani Gupta have been GAURAV SOROT 2019.12.04 17:48 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-44584-2019 recorded to the effect that they have compromised the matter amongst themselves.

4.

As per statement of the complainant-Shivani Gupta, recorded by learned Judicial Magistrate Ist Class, Assandh the matter has been settled between parties and she has no objection for quashing of the FIR subject to payment of `4,50,000/- which is to be paid by the petitioner in this Court. Today learned counsel for the petitioner has handed over a draft for `4,50,000/- to learned counsel for the complainant who has accepted the same and has expressed that he has no objection in quashing of the FIR. 5.

The learned Judicial Magistrate 1st Class, Assandh has specifically opined that compromise arrived at between the parties is genuine, bona fide, and has been effected voluntarily between the parties. 6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the petition is allowed and FIR No.5 dated 4.1.2016 under Sections 323, 406, 498-A & 506 IPC, Police Station Assandh, District Karnal Haryana and all the consequent proceedings arising therefrom are hereby quashed qua the petitioner. ( GURVINDER SINGH GILL) 4.12.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.12.04 17:48 I attest to the accuracy and integrity of this document