High CourtsSingle Bench(2017) 04 P&H CK 0054

Zachristo Nag vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 17 April 2017 · Citation: (2017) 2 LawHerald 1289

HON’BLE JUDGES
Ms. Ritu Bahri, J.
RESULT
Disposed Off
CASE NUMBER
Criminal Misc. No. M-43421 of 2016

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Judgment

7 paragraphs · 321 words

Ritu Bahri, J.(Oral) - Quashing of FIR No. 20 dated 13.02.2016 under Section 376 IPC, registered at Women Police Station, Gurgaon, is being sought on the basis of compromise deed dated 07.11.2016 (Annexure P-3).

2.

The FIR was got registered on the statement of complainant/respondent No.2 with the allegation that she was residing with petitioner in live-in relationship and after some time due to temperamental differences he was not ready to marry with her. Thereafter, dispute has been resolved between the parties and petitioner and the complainant solemnized the marriage as per their religious rites on 24.05.2016 and are happily residing together.

3.

However, the matter has now been duly compromised, vide compromise deed dated 07.11.2016 (Annexure P-3).

4.

In compliance of order dated 05.12.2016, report dated 09.02.2017 of Judl. Magistrate 1st Class, Gurgaon has been received in this regard. As per report, statement of parties have been recorded. The complainant stated that the matter stands compromised between the parties she does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioner. The compromise has been entered voluntarily. To the same effect is the statements given by the petitioner. The couple are residing happily now as husband and wife.

5.

Consequently, in view of the status report dated 09.02.2017 and in view of the judgment of the Hon''ble Supreme Court in the case of Madan Mohan Abbot v. State of Punjab 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. v. State of Punjab and another 2007(3) RCR (Crl.) 1052, as no useful purpose would be served in prolonging the litigation.

6.

Accordingly, FIR No. 20 dated 13.02.2016 under Section 376 IPC, registered at Women Police Station, Gurgaon, is quashed along with all consequential proceedings arising therefrom qua petitioner.

7.

The petition stands disposed of.