- Court
- High Court of Punjab and Haryana
- Decided
- 23 August 2024
- Bench
- Harpreet Singh Brar
- Case no.
- CRM-M 32357/2023
Judgment
HARPREET SINGH BRAR, J. (ORAL)
1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of the FIR No.0526 dated 07.09.2018, under Sections 363 and 366 IPC (Section 216 IPC and Section 6 of the Protection of Children From Sexual Offences Act, 2012, added later on), registered at Police Station Sector 5, Gurugram (Annexure P-1) and all subsequent proceedings arising out of the same, on the basis of compromise dated 27.03.2023 (Annexures P-4 & 5).
2. The following order was passed on 14.07.2023 :- "Learned counsel for the petitioner refers to Annexures P-4 and P-5 dated 27.03.2023 to contend that a compromise has been effected between the parties and prays for quashing of FIR No.0526 dated 07.09.2018, under Sections 363 and 366 IPC (Section 216 IPC and Section 6 of the Protection of Children From Sexual Offences Act, 2012, added later on), registered at Police Station Sector 5, Gurugram (Annexure P-1). It is inter alia submitted by learned counsel for the petitioners that in the present matter, petitioner No.1, who is aged about 20 years, is the alleged victim and petitioner No.2 is the complainant. It is submitted that FIR was filed on the basis of CRM-M-32357-2023 2
statement of complainant/petitioner No.2 herein, perusal of which reveals that age of the alleged victim/petitioner No.1 is shown to be 18 years at the time of occurrence. It is stated in the FIR that on
06.09.2018 at around 12 PM, petitioner No.1 had gone from the house without telling anyone. The complainant has further stated that he has no doubt that his daughter Neelam has been taken by some boy and therefore sought investigation by the concerned authorities. However, complainant/petitioner No.2 subsequently found that petitioner No.1 solemnized marriage with respondent No.2 of her own wish and without any pressure from anyone. Even two children have been born out of the wedlock of petitioner No.1 and respondent No.2, on 28.11.2019 and 23.6.2021. Admittedly, petitioner No.1 and respondent No.2 are living together as husband and wife. It is further submitted by learned counsel for the petitioners that both the complainant as well as the victim/petitioners No.2 and 1 herein respectively have given their affidavits (Annexures P-4 and P-5) that they do not want any action to be taken against respondent No.2. Notice of motion for 25.9.2023. At the asking of the Court, Mr. Arjun Lakhanpal, Addl. A.G, Haryana accepts notice on behalf of the respondent No.1-State. A complete copy of the paper book has been furnished to the learned State counsel, in the Court. At this stage, Mr. Neeraj Goel, Advocate causes representation on behalf of respondent No.2 and files his Power of Attorney, which is taken on record. Learned counsel for respondent No.2 admits the factum of compromise. Learned counsel for the State and respondent No.2 do not dispute the above facts as stated by learned counsel for the petitioners. Accordingly, the private parties are directed to appear before the trial Court/Illaqa Magistrate on 05.8.2023 for recording their statements with regard to compromise/settlement. Trial Court/Illaqa Magistrate is directed to submit a report on or before the next date of hearing containing the following information :-
1. Number of persons arrayed as accused in FIR.
2. Whether any accused is proclaimed offender. CRM-M-32357-2023 3
3. Whether the compromise is genuine, voluntary and without any coercion or undue influence.
4. Whether the accused persons are involved in any other case or not.
5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR. A copy of the report be also sent through fax to the Registrar Judicial of this Court."
3. Learned counsel for the petitioners inter alia contends that respondent No.2 and the prosecutrix (petitioner No.1 herein) were having love affair with each other and their relationship was opposed by petitioner No.2. Petitioner No.1 and respondent No.2 eloped and performed marriage with each other and out of this wedlock, they are blessed with two children and both of them are cohabiting together. The petitioner No.2 has got the FIR (supra) registered as he did not approve their relationship. Now, the matter has been amicably resolved between the parties and a compromise has been effected. Reliance in this regard can be placed upon the following:- Sr. Case Title Court No.
1. K. Dhandapani v. The State 2022(2) R.C.R.(Criminal) 987
2.kAnanda D.V. V. State and others Hon'ble Supreme 2021(OLR) 1074 Court
3.kKapil Gupta v. State of NCT of Delhi and others 2022(4) R.C.R.(Criminal) 497 CRM-M-32357-2023 4
4.kJatin Aggarwal v. State of Telangana and others 2022(2)R.C.R(Criminal) 603
5.kRanjeet Kumar v. State of H.P. Himachal and others Pradesh High MANU/HP/2314/2013 Court (DB)
6.kNarinder Kaur @ Ninder Kaur Punjab and and others v. State of Punjab and Haryana High others Court CRM-M-41204-2020
7.kAshik Ramjan Ansari v. The Bombay High State of Maharashtra and others Court 2023 CriLJ 3633
8.kSabari v. Indpector of Police, Belukurichi Police Station and Madras High others 2019(3) R.C.R(Criminal) Court
9.kJitender Kumar Sharma v. State Delhi High Court and others 2010(4)
(DB) R.C.R.(Criminal) 20
10.Skhemborlang Suting and others Meghalaya High v. State of Meghalaya and others Court MANU/MG/0054/2022
11.Tarun Vaishnav v. State of Rajasthan High CRM-M-32357-2023 5
Rajasthan and others Court MANU/RH/16181/2022
12. Kundan and another v. State and others Delhi High Court Crl.M.C. 27/2022
13. Devendranath v. State of U.T. Punjab and Chandigarh and Others Haryana High CRM-M-23281-2023 Court
Moreover, a Full Bench of Delhi High Court in 'Court on its Own Motion (Lajja Devi) Vs. State' 2012 (4) CCR 72, has categorically held that in case, the prosecutrix/victim is more than 16 years of age and makes a statement to the effect that she left of her own volition and records a statement indicating that the consent was without any force, coercion or undue influence, the Court will be within its power to accept the statement and quash proceedings under Sections 363 or 376 of IPC. It has been further held that the FIR (supra) can be quashed if after attaining the age of majority, she affirms and reiterates her consent.
4. In view of the above and in compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.
5. In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466, Ramgopal and another Vs. State of Madhya Pradesh 2021 SCC OnLine SC 834 and Shakuntala Sawhney (Mrs) Vs. CRM-M-32357-2023 6
Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.0526 dated 07.09.2018, under Sections 363 and 366 IPC (Section 216 IPC and Section 6 of the Protection of Children From Sexual Offences Act, 2012, added later on), registered at Police Station Sector 5, Gurugram (Annexure P-1) and all consequential proceedings arising out of the same are quashed, qua respondent No.2.
(HARPREET SINGH BRAR) August 23, 2024 JUDGE manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Case details
Parties and counsel
225 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32357-2023 Date of decision: 23.08.2024 NEELAM @ NEELAM RAJAK AND ANOTHER ...PETITIONERS V/S STATE OF HARYANA AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. B.S. Mamli, Advocate for the petitioners. Mr. Vikas Bhardwaj, AAG, Haryana. 0000
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.