Gaurav Rana vs State of Haryana and Others

Harinder Singh Sidhu, J.—This petition u/s 482 of the Code of Criminal Procedure has been filed for quashing of FIR No. 218 dated 15.08.2013, registered under Sections 354 and 506 of the Indian Penal Code (for short ''the IPC'') and section 12 of Protection of Children from Sexual Offences Act, 2012, at Police Station Chandimandir, District Panchkula, and all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

Vide order dated 03.03.2014, the parties were directed to appear before the learned trial Court on 21.03.2014, for getting their statements recorded with regard to the compromise. The Court concerned was further directed to submit detailed report alongwith copies of the statements of the parties.

Pursuant to the aforesaid directions, report dated 21.03.2014 annexing therewith statements of the parties from Judicial Magistrate Ist Class, Panchkula has been received, in which it is stated that the parties have made their respective statements. It is also stated therein that the compromise, which was effected in between the parties, is genuine.

The Counsel for the petitioner has submitted that the parties have amicably settled the matter, on the basis of the Compromise., He has further submitted that after the said compromise, no dispute subsists between the parties. He has further submitted that, with a view to prevent the abuse of process of Court, and in the interest of justice, the FIR aforesaid, be quashed. He also placed reliance on Kulwinder Singh and Others Vs. State of Punjab and Another, , a judgment delivered by a Full Bench of this Court.

The Counsel for respondent no. 2, did not dispute the submission of the Counsel for the petitioner. He also reiterated that the parties have settled the matter amicably, on the basis of compromise, aforesaid.

Keeping in view the ratio of law, laid down, in Kulwinder Singh''s case (supra), and applying the same to the facts and circumstances of the instant case, in my considered opinion, once the matter has been compromised, by the parties, no useful purpose, shall be served by proceeding with the prosecution.

For the reasons recorded above, the instant petition, u/s 482 of the Code of Criminal Procedure Code, is allowed. FIR No. 218 dated 15.08.2013, registered under Sections 354 and 506 IPC'' and section 12 of Protection of Children from Sexual Offences Act, 2012, at Police Station Chandimandir, District Panchkula, and the subsequent proceedings arising therefrom, are quashed, qua the petitioner.