Punjab-Haryana High Court
Jaspreet Singh @ Sunny vs State Of Haryana & Another on 19 December, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
Crl. Misc. No. M-31229 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-31229 of 2011(O&M)
DATE OF DECISION: December 19, 2011
Jaspreet Singh @ Sunny .....Petitioner
VERSUS
State of Haryana & another ....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
PRESENT: Mr. Ramandeep Singh, Advocate
for the petitioners.
Mr. Gaurav Garg, Dhuriwala, DAG, Punjab,
for the State.
Mr. Gurpreet Singh, Advocate,
for respondent Nos.2 & 3.
****
RANJIT SINGH, J.
This petition is filed by Jaspreet Singh for quashing of FIR No.160, dated 21.7.2011 registered against him under Sections 363/366-A IPC at Police Station Jodhewal, District Ludhiana, on the basis of compromise. The petitioner claims that he was falsely implicated on the statement made by respondent No.2-Sant Lal.
It is alleged in the FIR that the younger daughter of the complainant Komal Rani has recently passed 10th class. She was studying in Daya Ram Public School, Mohalla New Preet Nagar, Gali No.10. As per allegations, the petitioner used to tease this girl. On 5.7.2011, when the complainant returned to his house at 7.30 P.M. from his job, he was apprised by his wife, who was present in the house with daughter, that Komal Rani (daughter) had left the house at around 5.30 P.M. He searched for his daughter, but in vain. Crl. Misc. No. M-31229 of 2011 (O&M) -2- Apprehending that his daughter has been allured by the petitioner, he gave information of this to the Police leading to registration of the present FIR.
The petitioner along with Komal Rani had earlier approached this Court for grant of protection and order dated 24.8.2011 was passed by this Court. Now the complainant has filed an affidavit stating that he had lodged this FIR, but due to intervention of the respectables, he has compromised the matter with the petitioner. The complainant has further stated that he would not have any objection if this FIR against the petitioner is quashed.
Komal Rani is also present in the Court. She states that she is staying with her father. She has confirmed that she would now like to stay with her father. It appears that the girl has have a change of mind and is now staying with her father. It is disclosed that the complainant who intends to marry her with some one else for which girl has agreed. The petitioner has agreed to this arrangement. The complainant would not wish his daughter to carry on with the burden of these proceedings which may rather embarrass her.
Considering these facts and the affidavit and statement made by the complainant appearing in person, I consider it appropriate to quash this FIR on the basis of compromise. It may need a notice that allowing this prosecution to continue would rather be prejudicial to the complainant as well as his daughter. The Court has power to quash such proceedings in view of law laid down by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052.
In view of above, the present petition is allowed. FIR Crl. Misc. No. M-31229 of 2011 (O&M) -3- No.160, dated 21.7.2011 registered against him under Sections 363/366-A IPC and all subsequent proceedings arising therefrom are hereby quashed.
December 19, 2011 ( RANJIT SINGH ) monika JUDGE