Devanshi Sehgal v. State Of Haryana And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-2729-2023 (O&M) Date of Decision: 19.04.2024 DEVANSHI SEHGAL ......PETITIONER Vs.

STATE OF HARYANA AND ANOTHER .........RESPONDENTS

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Naresh Jain, Advocate, for the petitioner.

Mr. Kirpal Singh Thakur, A.A.G., Haryana.

***** HARPREET KAUR JEEWAN J.

1.

The prayer in the present Criminal Revision Petition is for setting aside the order dated 16.09.2023 passed by the learned Judicial Magistrate First Class, Panchkula, accepting the cancellation report. The present petition has been filed by the complainant at whose instance the FIR was lodged.

2.

Learned counsel for the petitioner inter alia contends that the FIR was registered at the instance of the petitioner. Both the petitioner and respondent No. 2 are young and 18 years of age, as such, with the intervention of the respectable and the parents, a compromise was effected as both have a bright future ahead. A petition bearing No. CRM-M-20336 of 2023 has also been filed seeking the relief of quashing of the present FIR on the basis of a written compromise by respondent No. 2 herein, parties have been directed to appear before the Area Magistrate/trial Court for recording of their statements in respect of the compromise. During the pendency of the aforesaid petition even a cancellation report has been prepared by the

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investigating agency relying upon the aforesaid compromise, which was presented before the Area Magistrate. In pursuance to the said cancellation report, the complainant-petitioner was called by the Area Magistrate and she did not raise any objection as the cancellation report was filed on the basis of the compromise.

3.

Learned counsel for the petitioner further contends that initiating the proceedings under Section 182 IPC is not in the interest of justice since cancellation report was presented by the investigating agency after verification of the facts regarding compromise inter se the parties. Both the parties are young and they have a long future, as such, prayer was made for quashing of the impugned order of initiation of proceedings under Section 182 IPC against the petitioner.

4.

A status report, dated 19.04.2024 by way of an affidavit of Sh. Manpreet Singh Sudan, IPS, Assistant Commissioner of Police, Panchkula, along with a copy of the order dated 17.04.2024 passed by ACP, Panchkula and a copy of the order dated 16.09.2023 passed by the learned trial Court as Annexures R-1 and R-2, has been filed by learned State counsel in Court today. The same is taken on record.

5.

In the aforesaid status report, this fact has been mentioned that after going through the relevant documents on record and after considering the tender age of the parties, it was found that no cognizable offence has been committed, as such, the proceedings initiated against the petitioner under Section 182 IPC have been dropped, as per order dated 17.04.2024 (Annexure R-1) by the Assistant Commissioner of Police, Panchkula. This fact has been further confirmed that cancellation report prepared on

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29.06.2023 has already been accepted by the learned trial Court, vide order dated 16.09.2023 (Annexure R-2).

6.

In view of the aforesaid facts and circumstances, especially, in view of the fact that the grievance of the petitioner (the complainant in the FIR) stands redressed, the present petition has been rendered infructuous and is disposed of, accordingly.

7.

Pending miscellaneous application (s), if any, shall also stand disposed of.

April 19, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No