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