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2019 DIGILAW 976 (PNJ)

Mohd. Shariq v. State Of Haryana And Another

2019-03-28

RAJ SHEKHAR ATTRI

body2019
JUDGMENT Raj Shekhar Attri, J. (Oral) - By invoking Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No.110 dated 04.08.2017, under Sections 376(2)(N) and 384 of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station Women Jhajjar, District Jhajjar and subsequent proceedings arising therefrom on the basis of compromise dated 23.01.2018 (Annexure P-5). 2. In the present case, the FIR was registered on the statement of Neetu @ Afreen daughter of Bajinder Singh. Now, dispute between the parties has been resolved. 3. Vide order dated 30.01.2019, the parties were directed to appear before the learned trial court/illaqa magistrate to get their statements recorded with regard to genuineness of compromise. 4. Pursuant thereto, a report has been submitted by the learned Additional Judicial Magistrate, Jhajjar, wherein it has been reported that statements of the parties have been recorded and compromise entered between the parties is genuine, voluntary, without any coercion and undue influence. 5. Learned State counsel has not disputed that the parties i.e. petitioner, respondent No.2, have arrived at a settlement with an intent to give burial to their differences. 6. It has been submitted that both the prosecutrix and petitioner have married and now prosecutrix is in a family way. 7. Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court in 'Gian Singh v. State of Punjab and another', 2012 (4) R.C.R. (Criminal) 543 and in the light of facts and circumstances discussed hereinbefore, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that the same are put to an end. 8. For the foregoing reasons, the petition is allowed. Consequently, FIR No.110 dated 04.08.2017, under Sections 376(2)(N) and 384 IPC, registered at Police Station Women Jhajjar, District Jhajjar and subsequent proceedings arising therefrom on the basis of compromise stands quashed qua petitioner.