High Court Punjab-Haryana High Court

Sachin And Others vs State Of Haryana And Another on 30 October, 2009

Punjab-Haryana High Court
Sachin And Others vs State Of Haryana And Another on 30 October, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH



               CRM-M 25454 of 2009 (O&M)
               Decided on Oct 30,2009


   Sachin and others                       --Petitioners

                           Versus



   State of Haryana and another           --Respondents

CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

PRESENT: Mr.R.S.Mamli,Advocate,for the petitioners

Ms.Shalini Attri,AAG, Haryana.

Mr.Nirmal Mittal,Advocate, for the complainant.

Rakesh Kumar Jain, J: (Oral)

CRM 46114 of 2009

Allowed as prayed for.

CRM-M 25454 of 2009

This is a petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short,’Cr.P.C.’) for quashing of FIR No.

192 dated 26.4.2009, registered under Sections 498-A, 406, 323,506

IPC at Police Station City Fatehabad, District Fatehabad, and all other

subsequent proceedings arising therefrom on the basis of a compromise

between the parties.

Learned counsel for the petitioner has submitted that the

FIR Annexure P-1 has been registered at the instance of Sweta,
CRM-M 25454 of 2009 (O&M) -2-

daughter of Om Parkash.

During the course of hearing of CRM-M 16951 of 2009,

which was filed by her husband for grant of anticipatory bail, a

compromise was entered into between the parties in terms of which,

the petitioner had to pay Rs.5,00,000/- (Five lakh) by way of demand

draft towards full and final settlement which has been accepted by

the complainant Sweta.

On 11.9.2009, notice of motion was issued for today and

this case was ordered to be listed alongwith CRM-M 16951 of 2009.

Pursuant to notice of motion, respondent No.2 has put in appearance

through Mr. Nirmal Mittal,Advocate and has been identified by him.

In terms of the compromise which was struck between the

parties, the petitioner No.1/husband Sachin has handed over two

demand drafts dated 06.10.2009 of Rs. 1,00,000/- each, two demand

drafts dated 07.10.2009 of Rs. 1,00,000/- each and one demand draft

dated 8.10.2009 of Rs.1,00,000/-personally to the complainant Sweta,

drawn in her name.

After hearing the learned counsel for the parties and

keeping in view the facts and circumstances of the case in which

compromise has been effected between the parties, I feel that no useful

purpose would be served to proceed with the present FIR, therefore, in

view of the Full bench decision of this Court in the case of Kulwinder

Singh and others Vs. State of Punjab and another 2007 (3) R.C.R

(Criminal) 1052, the present petition is allowed and FIR No. 192

dated 26.4.2009, registered under Sections 498-A, 406, 323,506 IPC

at Police Station,
CRM-M 25454 of 2009 (O&M) -3-

City Fatehabad, District Fatehabad including all other subsequent

proceedings arising therefrom are hereby quashed.

October 30,2009                              (Rakesh Kumar Jain)
RR                                                   Judge