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High Court of Punjab and HaryanaCRM-M/56836/2024dismissed

Parveen v. State Of Haryana And ANR

2024-11-14Ms. Justice Nidhi Gupta2 pages

CRM-M-56836-2024 -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-56836-2024 Date of Decision: 14.11.2024 Parveen .... Petitioner

Versus

State of Haryana and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Amit Siwach, Advocate for the petitioner. Mr. Surinder Kumar Dagar, DAG, Haryana.

Mr. Amit Singh Pahghal, Advocate for respondent No.2. ***** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita 2023 is for quashing of FIR No.159 dated 22.05.2024 under Sections 323, 354, 506 and 376(2)(n) IPC registered at Police Station Badli, District Jhajjar (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of Compromise Deed dated 06.11.2024 (Annexure P-3).

Power of Attorney filed on behalf of respondent No.2 in Court today is taken on record.

Learned counsel for the petitioner, inter alia submits that the petitioner is the father in law of the complainant/respondent No.2. It is submitted that the son of the petitioner is married to the complainant/respondent No.2. The present FIR has been registered on the basis of some misapprehension and misunderstanding on behalf of the complainant. However, now the entire matter stands settled between the DIVYANSHI 2024.11.14 17:23 I attest to the accuracy and integrity of this document

CRM-M-56836-2024 -2 - parties by way of Compromise Deed dated 06.11.2024 (Annexure P-3). It is accordingly prayed that the present FIR be quashed on the basis of compromise.

Learned counsel for the State opposes prayer made on behalf of the petitioner and submits that the FIR of such nature cannot be quashed on the basis of compromise as the allegations are made under Section 376(2)(n). It is further pointed out that trial in the present case is at an advanced stage as the complainant/prosecutrix and her sister-in-law have already been examined before the learned trial Court. It is submitted that these facts are evident from the order dated 11.10.2024 (Annexure P-2) whereby the petitioner has been granted regular bail by the Court of learned Additional Sessions Judge (Exclusive Court), Jhajjar. At this stage, when this Court is not inclined to interfere in the matter; learned counsel for the petitioner submits that he may be permitted to withdraw the present petition.

Permitted to do so.

Dismissed as withdrawn.

14.11.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.11.14 17:23 I attest to the accuracy and integrity of this document