Manjeet And Others v. State Of Haryana And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 12.05.2023 Manjeet and Others ..... Petitioners

Versus

State of Haryana and Another ..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Mohit, Advocate for the petitioners.

Ms. Mayuri Lakhanpal, DAG, Haryana.

Mr. Sumit Sangwan, Advocate for respondent No. 2.

**** AMARJOT BHATTI J. (ORAL) The petitioners - Manjeet, Banti and Bhanti have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No. 1203 dated 15.11.2018 under Section 323, 328, 34, 498-A, 506 of I.P.C. (Section 328 of I.P.C. deleted during investigation and charges also not framed under Section 328 of I.P.C.), registered at Police Station Sadar Jhajjar, District Charkhi Jhajjar (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise deed dated 06.11.2022 (Annexure P-2). The facts of the case are that complainant - Rekha gave her statement to the police that about 12 years ago, she got married with Manjeet Singh. Out of this wedlock, she is having a son and a daughter. After marriage, she was ill treated by her in-laws family. She was looking after her children with great

-2hardship. Several compromises were effected during this period but there was no change in the behaviour of her husband and other family members. On one occasion her husband and sister-in-law tried to give her poisonous substance. Even the neighbourers gathered there. She was immediately taken to hospital. After her discharge, she gave her statement to the police, on the basis of which present FIR has been registered.

The petitioners have filed this petition for the quashing of aforesaid FIR on the basis of compromise deed dated 06.11.2022, Annexure P-2. The petitioners and respondent No. 2 were directed to appear before the Illaqa/Duty Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the Court of Additional Chief Judicial Magistarte-cum-Civil Judge (Sr. Division), Jhajjar dated 22.03.2023. The statement of respondent No. 2 has been recorded, where she confirmed the compromise with the petitioners. She further submits that she has no objection regarding quashing of FIR in pursuance of their compromise. The petitioners also confirmed this fact in their joint statement.

The statement of ASI Rajesh Kumar was also recorded who further confirmed that the accused persons were neither involved in any other case nor declared proclaimed offender(s)/persons in any other criminal case. Therefore, from the report of Additional Chief Judicial Magistartecum-Civil Judge (Sr. Division), Jhajjar, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their disputes.

-3therefore, no purpose would be served with the continuation of criminal proceedings.

Therefore, considering these facts, the petition filed by the petitioners - Manjeet, Banti and Bhanti is accepted and FIR No. 1203 dated 15.11.2018 under Section 323, 328, 34, 498-A, 506 of I.P.C. (Section 328 of I.P.C. deleted during investigation and charges also not framed under Section 328 of I.P.C.), registered at Police Station Sadar Jhajjar, District Charkhi Jhajjar and the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI) JUDGE 12.05.2023 lalit Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No