High CourtsSingle Bench(2021) 01 P&H CK 0005

Sushil Kumar vs State Of Haryana And Anr.

Punjab And Haryana At Chandigarh · Decided on 4 January 2021

HON’BLE JUDGES
Harinder Singh Sidhu, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 5171 Of 2020 (O&M)

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Judgment

16 paragraphs · 265 words

Harinder Singh Sidhu, J

Petitioner has filed this petition under Section 482 Cr.P.C. for quashing of FIR No.239 dated 07.06.2017 under Sections 313,323,377,498-A,506 IPC

registered at P.S S.G.M Nagar, District Faridabad, and all other consequential proceedings arising out of the said FIR, as the matter stands amicably

settled in terms of compromise deed dated 13.11.2019.

There is application for preponement.

With the consent of learned counsel for the parties, the date of hearing is preponed to be taken up today itself.

Upon notice having been issued, learned State counsel as well as learned counsel for respondent No.2 appeared.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.

Vide order dated 06.02.2020, the parties were directed to appear before the Illaqa Magistrate/trial Court on 06.03.2020 for getting their statements

recorded with regard to the compromise.

A report dated 12.03.2020 of learned JMIC, Faridabad, has been received. As per the report, the parties had appeared before learned JMIC,

Faridabad and got recorded their statements regarding compromise. Learned Magistrate has stated that she is of the considered view that the

compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

Keeping in view the above facts, I am of the considered opinion that it is a fit case in which the impugned FIR is liable to be quashed.

Therefore, the present petition is allowed. FIR No.239 dated 07.06.2017 under Sections 313,323,377,498-A,506 IPC registered at P.S S.G.M Nagar,

District Faridabad, along with all subsequent proceedings arising therefrom, are hereby quashed, qua the petitioner.