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Amit Kumar & Ors vs State Of Haryana And Anr on 20 February, 2018


CRM-M-48414-2017 (OM)
Date of decision : 20.02.2018
Amit Kumar and others


State of Haryana and another


Present: Ms. G.K. Mann, Advocate
for the petitioners.

Mr. Arun Kumar, A.A.G., Haryana.

Respondent No.2 in person.


The instant petition is for quashing of FIR No.0061 dated

17.09.2016 registered under Sections 323/406/498-A of IPC at Police

Station Women Police Station Panchkula, District Panchkula and the

consequent proceedings arising out of the same, on the basis of written

compromise arrived at between the parties.

Reply by way of affidavit of Noopur Bishnoi, HPS Assistant

Commissioner of Police, Panchkula has been filed on behalf of

respondent No.1-State. Same is taken on record.

It is also submitted that the allegations under Section 377

IPC are only against the husband.

Report has been received from the trial Court after statements

of the parties were recorded regarding the compromise. The trial Court has

reported that the compromise is voluntary and without any pressure or

coercion. The trial Court has also sent statements of the parties in original.

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04-03-2018 08:41:32 :::
CRM-M-48414-2017 (OM) -2-

Learned counsel for the State on instructions submits that

petitioners are the only accused and respondent no.2 is the only aggrieved

person in this FIR.

No useful purpose would be served to keep the FIR pending.

In view of the statements and report of the trial Court and the

principles laid down by the Full Bench judgment of this Court in Kulwinder

Singh and others Vs. State of Punjab and another, 2007(3) RCR

(Criminal) 1052, approved by Hon’ble Apex Court in Gian Singh Vs. State

of Punjab and others (2012) 10 SCC 303, the instant petition is allowed

and the aforesaid FIR and all consequent proceedings conducted on the

basis thereof are quashed.

Needless to say that parties shall remain bound by the terms

of compromise and their statements made in the Court below.

February 20, 2018 (ANITA CHAUDHRY)

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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04-03-2018 08:41:33 :::

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