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Present: Mr.N.K.Malhotra Advocate Vs. State of Haryana and Another - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Present: Mr.N.K.Malhotra Advocate

Respondent

State of Haryana and Another

Excerpt:


.....of fir no.490 dated 04.09.2011 registered in police station civil line, rohtak, for offence punishable under sections 498-a, 406, 506 read with section 34 of the indian penal code. the matter has been settled by way of compromise. out of the davinder kumar settled amount, i have already received amount of 2014.02.26 17:06 i attest to the accuracy and integrity of this document crm-m-28478-2013 2 rs.13,00,000/- and remaining amount of rs.6,00,000/- has been received by me today in court by way of demand draft no.194083 dated 04.02.2014, issued by syndicate bank, jajjar road, rohtak. i have got no objection, if the aforesaid fir and proceedings emanating therefrom are ordered to be quashed.”. counsel for the petitioners submits that as the parties have amicably settled their differences, no useful purpose would be served by continuation of the criminal proceedings. counsel for the state has not disputed correctness of the contention of the petitioner that the parties have arrived at an amicable settlement. i have heard counsel for the parties and perused the records. there is nothing on record to doubt correctness of the compromise effected between the parties, whereby they.....

Judgment:


CRM-M-28478-2013 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CRM-M-28478-2013 Date of decision : 21.02.2014 Sourabh Gupta and others ..Petitioners Versus State of Haryana and another ..Respondents CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: Mr.N.K.Malhotra, Advocate for the petitioneRs.Mr.Gaurav Dhir, DAG, Haryana for respondent No.1.

*** REKHA MITTAL, J.(ORAL) The petitioners have prayed for quashing of FIR No.490 dated 04.09.2011 under Sections 498-A, 406, 506, 34 of the Indian Penal Code (in short “IPC”.) registered at Police Station Civil Line, Rohtak.

In the instant case, the FIR was registered on the statement of respondent No.2-complainant Isha Gupta.

Now the matter has been amicably settled between the parties.

Respondent No.2-complainant Isha Gupta is present in Court with her counsel Mr.Satish Kumar Sharma, Advocate.

Her statement was recorded in the Court.

An extract from her statement is quoted thus:- “I am the author of FIR No.490 dated 04.09.2011 registered in Police Station Civil Line, Rohtak, for offence punishable under Sections 498-A, 406, 506 read with Section 34 of the Indian Penal Code.

The matter has been settled by way of compromise.

Out of the Davinder Kumar settled amount, I have already received amount of 2014.02.26 17:06 I attest to the accuracy and integrity of this document CRM-M-28478-2013 2 Rs.13,00,000/- and remaining amount of Rs.6,00,000/- has been received by me today in Court by way of demand draft No.194083 dated 04.02.2014, issued by Syndicate Bank, Jajjar Road, Rohtak.

I have got no objection, if the aforesaid FIR and proceedings emanating therefrom are ordered to be quashed.”

.

Counsel for the petitioners submits that as the parties have amicably settled their differences, no useful purpose would be served by continuation of the criminal proceedings.

Counsel for the State has not disputed correctness of the contention of the petitioner that the parties have arrived at an amicable settlement.

I have heard counsel for the parties and perused the records.

There is nothing on record to doubt correctness of the compromise effected between the parties, whereby they have decided to settle their dispute with an intention to live in peace and harmony.

The present case falls in the category of cases, which can be allowed to be settled by way of compromise, in view of the decision of Hon'ble the Supreme Court of India in Gian Singh v.

State of Punjab and another, 2012(4) R.C.R.(Criminal) 543.

In view of what has been discussed hereinabove, the petition is allowed and FIR No.490 dated 04.09.2011 under Sections 498-A, 406, 506, 34 IPC registered at Police Station Civil Line, Rohtak.

and proceedings emanating therefrom are ordered to be quashed, qua the petitioneRs.(REKHA MITTAL) JUDGE February 21, 2014.

Davinder Kumar Davinder Kumar 2014.02.26 17:06 I attest to the accuracy and integrity of this document


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