CRM-M-2731 of 2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-2731 of 2018
Date of decision:19.3.2018
Sweety Sachdeva and another
…..Petitioners
Versus
State of Haryana and another
…..Respondents
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CORAM : HON’BLE MR.JUSTICE MAHABIR SINGH SINDHU
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Present: Mr. Prateek Rathee, Advocate
for the petitioners.
Mr. Vikas Chopra, DAG, Haryana
for respondent No.1.
Mr. Raghav Dayal Gupta, Advocate
for respondent No.2.
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MAHABIR SINGH SINDHU, J. (ORAL)
The dispute is between husband and wife. The other criminal
case i.e. FIR No. 208 of 2016 under Sections 498A, 406 and 34 of the
Indian Penal Code registered at Police Station Punjabi Bagh has already
been quashed by way of writ petition bearing No. W.P.(CRL) 3672 of
2016 by High Court of Delhi on the basis of compromise effected
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between the parties. The present petition is also filed for quashing of FIR
No. 281 dated 27.08.2015 under Sections 468, 471, 467, 420, 120-B, 506
and 384 of the Indian Penal Code registered at Police Station DLF Phase-
1, Gurugram, Haryana on the basis of compromise entered into between
the parties.
2. Heard learned counsel for both the parties and perused the
paper book.
3. Both the parties were directed by this Court vide order dated
15.02.2018 to appear before the learned Illaqa Magistrate/ Trial Court and
to get their statements recorded and in pursuance thereof, learned Judicial
Magistrate 1st Class, Gurugram recorded the statements of both the parties
and submitted a report dated 27.02.2018 and operative part of the same
reads as under:
‘Today, an application was moved by accused through
counsel to record the statements of parties regarding
compromise. Statements of complainant Sh. Manish
Sachdeva and accused/applicants namely Ms. Swity
Sachdeva and Sh. Rohan Barua recorded in the
presence of their respective counsels regarding
compromise between the parties. A document/MOU
Ex. C1 containing settlement between the parties has
also been placed on the case file stating that the
original is filed in the Hon’ble High Court. Before
recording the statement it was inquired from both the
parties whether they are deposing voluntarily to
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CRM-M-2731 of 2018 -3-which they replied in affirmative. This Court finds no
other suspicious circumstances to doubt the
voluntariness of the parties. As per FIR there are only
two accused namely Ms. Swity Sachdeva and Sh.
Rohan Barua who are already appearing. Certified
copies of statements of both the parties as well as
document Ex. C1 are attached herewith for the kind
perusal of Hon’ble Punjab Haryana High Court.’
A perusal of the report reveals that the compromise entered
into between the parties is voluntary and without any fear, coercion,
inducement or threat. Even before this Court also, the parties are not
disputing the factum of compromise arrived at between them.
4. No objection has been raised by the learned State counsel
and learned counsel for respondent No.2 on a specific query put to them
by the Court with regard to quashing of the FIR as well as all other
consequential proceedings on the basis of the compromise effected
between the parties in this case. Learned State counsel further submits
that untraced report in this case has been prepared by the police.
5. In view of the above, this Court is fully convinced that the
offences are entirely personal in nature and do not affect any public peace
or tranquillity and thus quashing of FIR in question along with all
consequential proceedings on the basis of compromise would bring peace
and harmony to secure the ends of justice. Consequently, the aforesaid
FIR and all consequential proceedings resulting therefrom are quashed
qua petitioner(s).
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6. Petition is allowed.
( MAHABIR SINGH SINDHU)
19.03.2018 JUDGE
rashmi
1. Whether reportable? Yes / No
2. Whether reasoned / speaking? Yes / No
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