VIKRAM SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Through the present petition filed under Section 482 of the Code of Criminal Procedure (in short, 'the Code'), the petitioner prays for quashing of FIR No. 212 dated 05.10.2012 unde Sections 363, 366, 376, 493, 34 IPC, registered at Police Station Chandimandir, District Panchkula on the basis of compromise as per Annexure P2.

(2.) Counsel for the petitioner submits that respondent No. 2 and the petitioner were in love with each other for long time and they decided to marry, but the parents of respondent No. 2 did not give consent. The petitioner and respondent No. 2 left their houses and started living as husband and wife and they stayed together for about 11 months. They decided to marry each other but due to temperamental differences, they started quarrelling and in the month of September 2012, respondent No. 2 went back to her parental home. The petitioner is still ready and willing to marry respondent No. 2 but respondent No. 2 under some wrong belief lodged the aforesaid FIR against the petitioner. It is further submitted that with the intervention of respectables and family members, the petitioner and the complainant have entered into a compromise whereby she has decided not to prosecute the criminal proceedings and get the FIR quashed. The last submission made by counsel is that keeping in view the decision taken by the complainant and the fact that the parties have decided to go ahead in their life and to forget their past, respondent No. 2 may be summoned and the FIR and proceedings emanating therefrom may be quashed.

(3.) In support of his contention, he has relied upon judgments of Hon'ble the Supreme Court of India in 'Prashant Bharti v. State of NCT of Delhi, 2013 3 RCR(Cri) 399, and 'Deepak Gulati v. State of Haryana, 2013 3 RCR(Cri) 96. It has been submitted that this Court in cases registered under Section 376 of the Code has permitted quashing of the FIR. For this purpose, he has referred to 'Surinder Kamboj and others v. State of Punjab and another, 2008 1 RCR(Cri) 21, 'Harpal Singh alias Soni v. State of Haryana and others, 2008 4 RCR(Cri) 459, 'Chander Mohan alias Bunti v. State of Haryana and others, 2011 5 RCR(Cri) 233 and 'Subegh Singh v. State of Punjab and others' (CRM M 5965 of 2013, decided on 21.05.2013).