IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.41261 of 2017
Date of decision: 19th August, 2019

Sunil Kumar others
… Petitioners
Versus
State of Haryana another
… Respondents

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.

Heard.

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

quashed.

The petition stands disposed off in those terms.

(FATEH DEEP SINGH)
JUDGE
August 19, 2019
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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