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2021 Supreme(P&H) 39

AVNEESH JHINGAN
Nikhil Chadha – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. D.S. Punia, Advocate
For the Respondent:Mr. Deepak Bhardwaj, DAG, Haryana, Mr. Rajeev Sharma, Advocate

JUDGMENT :

AVNEESH JHINGAN, J.

1. This petition is filed for quashing of FIR No. 151, dated 23rd November, 2019 registered under Sections 323, 354, 406, 498-A, 506 and 34 IPC registered at Police Station Women West Gurugram, District Gurugram. The quashing is sought on the basis of compromise.

2. The FIR was outcome of a matrimonial dispute. During the pendency of the dispute, the parties have compromised the matter and decided to part away.

3. On 11th November, 2020 the parties were directed to appear before the trial Court for recording of their statements.

4. The report dated 15th January, 2021 from Chief Judicial Magistrate, Gurugram is received stating that the compromise is genuine, voluntary and without any coercion. It is further stated that there is only one accused and has not been declared proclaimed offender.

5. The Supreme Court in Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another, 2013 (2) SCC (Cri) 302 held:-

    “10. As stated earlier, it is not in dispute that after filing of a complaint in respect of the offences punishable under Sections 498A and 406 of IPC, the parties, in the instant case, arrived at a mutual settlement and the complainant also has sworn a

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