Punjab-Haryana High Court
Rohit Dhawan And Others vs State Of Haryana And Anr on 22 February, 2018
Author: Anita Chaudhry
Bench: Anita Chaudhry
Crl. Misc. No.M-49502 of 2017 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No.M-49502 of 2017 (O&M)
Date of decision : 22.02.2018
Rohit Dhawan and others
......Petitioner(s)
Versus
State of Haryana and another
...Respondent(s)
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Sarfraj Hussain, Advocate
for the petitioners.
Ms. Mahima Yashpal, AAG, Haryana.
Mr. Amardeep Hooda, Advocate
for respondent no.2.
****
ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 840 dated 09.12.2011 registered under Sections 498-A, 313, 427, 506 IPC, Police Station Gurgaon City, District Gurgaon and the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties.
Report had 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 copy of the statements of parties and the compromise.
1 of 2 ::: Downloaded on - 25-02-2018 14:19:45 ::: Crl. Misc. No.M-49502 of 2017 (O&M) 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 qua the petitioners.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
22.02.2018 (ANITA CHAUDHRY)
sunil JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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