IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-11640-2019
Date of decision:4.2.2020
RAVINDER KUMAR KALIA AND OTHERS …Petitioners
Versus
STATE OF HARYANA AND ANR …..Respondents
CORAM : HON’BLE MR.JUSTICE GURVINDER SINGH GILL
Present: Mr. Divjyot S. Sandhu, Advocate
for the petitioners.
Ms. Aditi Girdhar, AAG, Haryana.
Mr. Jayender Chandail, Advocate
for the complainant.
GURVINDER SINGH GILL, J. (ORAL)
1. The petitioners seek quashing of FIR No.78 dated 3.4.2018 under
Sections 406 IPC, Police Station Chandimandir, District Panchkula and
proceedings emanating therefrom on the basis of a compromise effected
between the parties.
2. Pursuant to directions issued by this Court on 13.3.2019, statements of
the parties including the statement of the complainant Sh. Hari Parkash
Sharma have been recorded.
3. The complainant has specifically stated that the accused had taken an
amount of `22.5 lakhs on the pretext of sending his children abroad
regarding which the FIR in question was lodged. He has further stated
that the matter has now been compromised and he has received an amount
of `19 lakhs and that he has no objection, in case, FIR in question is
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quashed and that the compromise has been entered into without there
being any pressure or coercion. He has however stated that the
compromise has been effected without prejudice to his daughter’s
matrimonial rights.
4. A joint statement of the accused has also been recorded wherein they have
stated that the matter stands compromised.
5. The complainant is present in person along with his counsel and upon
query made by this Court, he has expressed that he has no objection for
quashing of the FIR.
6. In view of the aforesaid compromise and bearing in mind the law laid
down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder
Singh and others Vs. State of Punjab, the petition is allowed and FIR
No.78 dated 3.4.2018 under Sections 406 IPC, Police Station
Chandimandir, District Panchkula and all the consequent proceedings
arising therefrom are hereby quashed qua the petitioners.
7. It is however clarified that the complainant’s daughter would be at liberty
to have recourse to law as far as her matrimonial rights are concerned.
8. Needless to mention that the amount of `19 lakhs which is stated to have
been invested in FDR in Central Bank of India, Sector 25, Panchkula may
be withdrawn by the complainant. The Bank Manager, shall render
requisite assistance.
( GURVINDER SINGH GILL)
4.2.2020 JUDGE
Gaurav Sorot
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
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