High Court of Punjab and HaryanaCRM-M/47894/2019allowed

Hari Nath Bhatia v. State Of Haryana And Another

2020-03-12Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-47894-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-47894-2019 Decided on : 12.03.2020 Hari Nath Bhatia ...... Petitioner

Versus

State of Haryana & anr.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Rajesh Gupta, Advocate for the petitioner.

Mr. Surinder Kumar Dagar, DAG, Haryana.

Ms. Sakshi Piwal, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.418 dated 21.11.2018 under Sections 323, 406, 498-A and 506 IPC registered at Police Station Ambala City (Annexure P-1) on the basis of compromise (Annexure P-2) arrived at between the parties. Vide order dated 08.11.2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 13.12.2019 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 20.12.2019 has since been received from the learned CJM, Ambala 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 SONIA BURA 2020.03.13 15:31 I attest to the accuracy and integrity of this document chandigarh

CRM-M-47894-2019 -2Court has annexed the original statements of the parties alongwith its report.

Learned State counsel as well as counsel for respondent No.2 also submit that there is 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 CJM, Ambala 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 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 the petitioner.

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 12.03.2020 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2020.03.13 15:31 I attest to the accuracy and integrity of this document chandigarh