High CourtsSingle Bench(2020) 09 P&H CK 0185

Amit vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 25 September 2020

HON’BLE JUDGES
Raj Mohan Singh, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 10464 Of 2020

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Judgment

12 paragraphs · 277 words

Raj Mohan Singh, J

Both the cases have been taken up for hearing through video-conferencing. Vide this common order, CRM-M No. 10464 of 2020 titled 'Amit vs State of Haryana and others' and CRM-M No.8904 of 2020 titled 'Amit vs State of Haryana and others' are being decided.

Petitioner in CRM-M No.10464 of 2020 seeks anticipatory bail under Section 438 Cr.P.C. in his 3rd attempt in case bearing FIR No.09 dated 15.09.2019 under Sections 304-B and 498-A IPC (offence under Section 306 IPC deleted) registered at Police Station Jhojhu Kalan, District Charkhi Dadri.

CRM-M No.42443 of 2019 was got dismissed as withdrawn with a liberty to avail any other remedy in accordance with law vide order dated 09.10.2019. Soon, thereafter, second petition for anticipatory bail i.e. CRM-M No.44856 of 2019 was filed within 10 days on withdrawal of earlier petition. The said petition was dismissed by this Court vide order dated 22.10.2019.

This time, petitioner has preferred the present petition in his 3rd attempt on the premise that the parties have compromised the matter vide compromise dated 24.02.2020.

Offences are under Sections 304-B and 498-A IPC.

Offence under Section 306 IPC has been deleted.

Keeping in view the nature of offences involved in the present case, there is no scope for interference in the present petition.

Dismissed.

Petitioner in CRM-M No.8904 of 2020 seeks quashing of FIR No.09 dated 15.09.2019 under Sections 304-B and 498-A IPC (offence under Section 306 IPC deleted) registered at Police Station Jhojhu Kalan, District Charkhi Dadri.

Offence under Section 304-B IPC is grave in nature. Quashing on the basis of compromise is not permissible in terms of nature of the offence.

Dismissed.