238 IN THE HIGH COURT OF PUNJAB HARYANA
Date of decision : 20.02.2018
Amit Kumar and others
State of Haryana and another
CORAM: HON’BLE MS. JUSTICE ANITA CHAUDHRY
Present: Ms. G.K. Mann, Advocate
for the petitioners.
Mr. Arun Kumar, A.A.G., Haryana.
Respondent No.2 in person.
ANITA CHAUDHRY, J(ORAL)
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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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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