PAYAL SHARMA Vs. STATE

JUDGEMENT

(1.) Through the medium of instant petition filed under Sec. 561-A Cr.P.C., petitioners seek quashing of the challan arising out of FIR No.10/2017 dtd. 9/2/2017 registered at Police Station, Janipur, Jammu under Ss. 494/495/406/417/415/420/120-B/201 RPC against the petitioners, pending before Additional Sessions Judge, Jammu, on the ground of compromise arrived at between the parties.

(2.) It is pertinent to mention here that this Court on 26/10/2018, at the statement of learned counsel for the petitioners to the effect that a compromise has been arrived at between the parties, directed the parties alongwith their counsel to appear before the Registrar Judicial of this Court for recording their statements with regard to authenticity of compromise.

(3.) Pursuant to the aforesaid direction, Registrar Judicial has recorded the statements of the petitioners and respondent No.2. The same are placed on record, which read as under:- Statement of Payal Sharma (petitioner no.1); Age : 24 years ; D/o Chiranjee Lal ; R/o Thathar, Paloura, Tehsil and District Jammu on oath today i.e. 29/1/2019 Stated that I have entered into a compromise deed dtd. 15/3/2018 with a Respondent no.2 namely Rajeev Raina and have amicably settled all our disputes and I, therefore, pray the Hon'ble Court to allow the petition and quash the proceedings in FIR No.10/2017 pending before the Addl. District Judge, Jammu. Statement of Chiranjee Lal Sharma (petitioner no.2); Age : 42 years ; S/o Des Raj Sharma ; R/o Thathar, Paloura, Tehsil and District Jammu on oath today i.e. 29/1/2019 Stated that I am the father of petitioner no.1 and have entered into a compromise deed dtd. 15/3/2018 with a Respondent no.2 namely Rajeev Raina and have amicably settled all our disputes and I, therefore, pray the Hon'ble Court to allow the petition and quash the proceedings in FIR No.10/2017 pending before the Addl. District Judge, Jammu. Statement of Asha Sharma (petitioner no.3); Age : 40 years ; W/o Chiranjee Lal Sharma; R/o Thathar, Paloura, Tehsil and District Jammu on oath today i.e. 29/1/2019 Stated that I am the mother of petitioner no.1 and have entered into a compromise deed dtd. 15/3/2018 with a Respondent no.2 namely Rajeev Raina and have amicably settled all our disputes and I, therefore, pray the Hon'ble Court to allow the petition and quash the proceedings in FIR No.10/2017 pending before the Addl. District Judge, Jammu. Statement of Prahbad Mahajan (petitioner no.4); Age : 28 years ; S/o Ashok Gupta; R/o Pandoka Colony, Paloura, Tehsil and District Jammu on oath today i.e. 29/1/2019 Stated that I am the brother in law of petitioner no.1 and have entered into a compromise deed dtd. 15/3/2018 with a Respondent no.2 namely Rajeev Raina and have amicably settled all our disputes and I, therefore, pray the Hon'ble Court to allow the petition and quash the proceedings in FIR No.10/2017 pending before the Addl. District Judge, Jammu. Statement of Anju Devi (petitioner no.5); Age : 37 years ; W/o Ajay Sharma; R/o Near BSF Gate, Paloura, Tehsil and District Jammu on oath today i.e. 29/1/2019 Stated that I have entered into a compromise deed dtd. 15/3/2018 with a Respondent no.2 namely Rajeev Raina and have amicably settled all our disputes and I, therefore, pray the Hon'ble Court to allow the petition and quash the proceedings in FIR No.10/2017 pending before the Addl. District Judge, Jammu. Statement of Rajeev Raina (respondent no.2); Age : years ; S/o Som Nath Raina; R/o Vinayak Nagar, Khajuria Mohalla, Paloura, Tehsil and District Jammu on oath today i.e. 29/1/2019 Stated that I have entered into a compromise deed dtd. 15/3/2018 with all the petitioners and we have amicably settled all our disputes and I have no objection in case the Hon'ble Court allows the petition and quash the proceedings in FIR No.10/2017 pending before the Addl. District Judge, Jammu. Statement of Sh. Rajat Sharma, Advocate for petitioners on oath today i.e. 29/1/2019 Stated that the petitioners has tendered their statements in my presence and I do hereby identify the petitioners who have deposed the said statements before Registrar Judicial. Statement of Sh. Ravinder Parihar, Advocate for respondent no.2, on oath today i.e. 29/1/2019 Stated that the respondent no.2 has tendered his statement in my presence and I do hereby identify the said respondent who has deposed the said statement before Registrar Judicial.