CHANDER MOHAN ALIAS BUNTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 Code of Criminal Procedure for quashing of FIR No. 63 dated 10.02.2008 under Sections 376/328 IPC and 3/33 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Sadar, Bhiwani and all consequential proceedings arising thereon including charge sheet dated 06.06.2008 on the basis of compromise arrived at between me parties vide compromise deed dated 31.07.2010.

(2.) The facts, in short, as stated are that on the statement of Respondent No. 2, namely, Madhu Bala d/o Jagdish (Respondent No. 3) and sister of Yogender Singh (Respondent No. 4), the above mentioned FIR was registered. After the investigation of the case, final report under Section 173 Code of Criminal Procedure was prepared and challan was submitted against the Petitioner only. In the report submitted in the challan dated 17.03.2008, SHO Police Station Sadar, Bhiwani specifically mentioned that during the course of investigation, no other accused was found involved. Relevant part of the same is reproduced as under:

(3.) It is not disputed that the prosecutrix-Respondent No. 2 had herself admitted that at the time of incident, she was 16-17 years of age. Thus, the Petitioner, as well as, Respondent No. 2, both were below the age of 18 years. Presently, both the Petitioner and Respondent No. 2 have attained the age of majority. Accordingly, the present petition has been filed under Section 482 Code of Criminal Procedure for quashing of the said FIR on the basis of compromise having been arrived at between the parties. Respondent No. 2 prosecutrix herself, Respondent No. 3-father of the prosecutrix and Respondent No. 4-brother of the prosecutrix have compromised the issue in the presence of several respectables of the village and relatives. The execution of the compromise deed has been affirmed by Respondents No. 2, 3 and 4 separately by executing affidavits dated 31.07.2010 before the Notary Public at Bhiwani.