JITENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have approached this Court by way of instant petition under Sec. 482 of the Code of Criminal Procedure (for short ('Cr.P.C.') invoking its inherent jurisdiction for quashing of F.I.R. No. 80 dtd. 1/2/2014, registered under Ss. 323, 325, 354-B, 34 of the Indian Penal Code, at Police Station Jhajjar, District Jhajjar and all the subsequent proceedings arising therefrom, as well as, judgment of conviction dtd. 2/6/2017 and order of sentence dtd. 5/6/2017 pased by the learned Judicial Magistrate 1st Class, Jhajjar, on the basis of compromise and affidavit dtd. 11/12/2017.

(2.) Precisely, the case has been registered on the allegation that on 20/1/2014, the respondent no.2 reached in front of the house of the petitioners, who abused and physically assaulted her. They even outraged her modesty and consequently, the aforesaid FIR was registered.

(3.) The petitioners have been convicted under Ss. 323, 325, 354, 354-B read with Sec. 34 IPC in terms of the judgment dtd. 2/6/2017 and sentenced six months imprisonment and fine of Rs.500.00each under Sec. 323 read with 34 IPC, one year of imprisonment and fine of Rs.1000.00 each under Sec. 325 read with 34 IPC, one year of imprisonment and fine of Rs.1000.00 each under Sec. 354 read with 34 IPC and three years of imprisonment and fine of Rs.1000.00 each under Sec. 354-B read with Sec. 34 IPC by the court of learned Judicial Magistrate Ist Class, Jhajjar. It was also directed that all sentences run concurrently. Aggrieved by the aforesaid judgment of conviction and order of sentence, the petitioners have preferred a criminal appeal which is now pending in the court of learned Additional Sessions Judge, Jhajjar.