IN THE HIGH COURT OF PUNJAB AND HARYANA
CRM-M No.41261 of 2017
Date of decision: 19th August, 2019
Sunil Kumar others
State of Haryana another
CORAM: HON’BLE MR. JUSTICE FATEH DEEP SINGH
Present: Mr. S.S. Kaliramna, Advocate for the petitioners.
Mr. Ripudaman, Asstt. Advocate General, Haryana
for respondent No.1/State.
Mr. Shiva Khurmi, Advocate for respondent No.2.
FATEH DEEP SINGH, J.
Report dated 21.08.2018 of learned Judicial Magistrate 1st
Class, Gurgaon has been received whereby after recording statements of
complainant Manisha and the accused persons namely Sunil Kumar,
Satish Kumar and Sumitra, the Court has shown its satisfaction that the
compromise has been arrived at voluntarily, out of free will of the parties,
without any undue influence, coercion or pressure.
During the course of submissions, it has been duly conceded
by the learned State counsel that there is no medical evidence to prove
the offence punishable under Section 377 IPC and thus, puts to doubt its
applicability. More so, learned counsel for the complainant/respondent
No.2 as well as learned counsel for the accused/petitioners have made
statement that as per instructions received, the parties had given final
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effect to their agreement settlement/compromise (Annexure P2) and that
nothing is due towards anyone on account of this settlement and that the
final effect be given to this petition.
In the light of the satisfaction shown by the Court and the fact
that the dispute between the parties being a pure matrimonial and the
offenses for which the accused have been hauled up are not of serious
nature, together with the fact that compromise will go a long way in
ironing out differences for betterment of future life of the parties and in
view of the law laid down in ‘SectionGian Singh v. State of Punjab and
another’ 2012(4) RCR (Criminal) 543 and ‘SectionKulwinder Singh and
others v. State of Punjab and another’ 2007 (3) RCR (Criminal)
1052, the prayer made in the petition is allowed, proceedings by way of
FIR No.400 dated 07.09.2015 under Sections 377, Section498A, Section34, Section323, Section506,
Section406 IPC pertaining to Police Station Rajendra Park, District Gurugram
and all consequences arising out of the said FIR qua the petitioners are
The petition stands disposed off in those terms.
(FATEH DEEP SINGH)
August 19, 2019
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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