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Surender Kumar @ Vikas Malik Vs. State of Haryana and ors. - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Surender Kumar @ Vikas Malik

Respondent

State of Haryana and ors.

Excerpt:


.....learned counsel for respondent no.2/complainant as well as learned counsel for the state have also stated at bar that they have no objection if the impugned fir and the consequential proceedings are quashed on the basis of the statements suffered by the private parties in the court today. in view of the totality of the facts and circumstances of the case and the kindness shown by respondent no.2/complainant, the present petition is allowed and fir no.207 dated 02.05.2013 for the offences punishable under sections 294, 506 and 509, ipc, and section 66-a of the information and technology act, 2000, registered at police station, baldev nagar, ambala, and all the consequential proceedings arising therefrom are hereby quashed february 04, 2014 (naresh kumar sanghi) seema judge sharma seema 2014.02.06 10:09 i attest to the accuracy and integrity of this document chandigarh criminal misc.no.m-26676 of 2013 {3} sharma seema 2014.02.06 10:09 i attest to the accuracy and integrity of this document chandigarh

Judgment:


Criminal Misc.No.M-26676 of 2013 {1} IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-26676 of 2013 Date of Decision: 04th February, 2014 Surender Kumar @ Vikas Malik .Petitioner Versus State of Haryana & Ors.Respondents CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.Rahul Rathore, Advocate, for the petitioner.

Mr.Chetan Sharma,AAG, Haryana.

Mr.B.R.Rana, Advocate, for respondent No.2.

Naresh Kumar Sanghi, J.

The present petition has been filed under Section 482 Cr.P.C., for quashing of FIR No.207 dated 02.05.2013 for the offences punishable under Sections 294, 506 and 509, IPC, and Section 66-A of the Information and Technology Act, 2000, registered at Police Station, Baldev Nagar, Ambala, and all the consequential proceedings arising therefrom.

During the couRs.of pendency of the present petition, respondent No.2-complainant along with her counsel appeared in the Court.

The petitioner has apologized for his misdeeds and respondent No.2/complainant has pardoned him.

Respondent No.2 is officiating Principal in the Govt.

College at Ambala and she being a teacher by profession and a kind-hearted lady has shown all grace to pardon the petitioner.

The statement of the petitioner and that of respondent No.2/complainant have been recorded by this Court today.

In his statement, the petitioner has assured the Court that in future, he Sharma Seema 2014.02.06 10:09 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.M-26676 of 2013 {2} would not repeat the wrongs committed by him.

He further stated that respondent No.2/complainant had pardoned him for his misdeeds.

Similar statement was suffered by the complainant/respondent No.2.

Learned counsel for the petitioner submits that in view of the statement suffered by the private parties and the nature of the offences for which the petitioner has been booked, the pendency of the FIR and the consequential proceedings would be a sheer abuse of the process of law.

The grace shown by Smt.Anita Sharma (reponsent No.2) will give good message to the society to believe in compromise and not to go ahead with the litigation.

He further contends that the petitioner had also assured him (Advocate for the petitioner) that he would not repeat such offence in future.

Learned counsel for respondent No.2/complainant as well as learned counsel for the State have also stated at Bar that they have no objection if the impugned FIR and the consequential proceedings are quashed on the basis of the statements suffered by the private parties in the Court today.

In view of the totality of the facts and circumstances of the case and the kindness shown by respondent No.2/complainant, the present petition is allowed and FIR No.207 dated 02.05.2013 for the offences punishable under Sections 294, 506 and 509, IPC, and Section 66-A of the Information and Technology Act, 2000, registered at Police Station, Baldev Nagar, Ambala, and all the consequential proceedings arising therefrom are hereby quashed February 04, 2014 (Naresh Kumar Sanghi) seema Judge Sharma Seema 2014.02.06 10:09 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.M-26676 of 2013 {3} Sharma Seema 2014.02.06 10:09 I attest to the accuracy and integrity of this document Chandigarh


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