Varun Devgun And Others v. Puja Rani

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1316-2020 (O&M) Decided on : 28.01.2021 Varun Devgun and others . . . Petitioner(s)

Versus

Puja Rani . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. N.K. Manchanda, Advocate for the petitioner(s).

Mr. Rajesh Bhateja, Advoate for the respondent - complainant.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. for quashing of complaint No.2, dated 13.02.2017, titled as, "Puja Rani Vs. Varun Devgun and others" (Annexure P-1), summon order under Sections 307, 323, 406, 498-A, 452, 148, 149 IPC, dated 24.05.2018, passed by learned CJM, Moga (Annexure P-2) and all the consequential proceedings arising out of the same, on the basis of compromise dated 10th December, 2019 (Annexure P-3) arrived at, between the parties. Vide order dated 07th December, 2020 of this Court, the parties were directed to appear before the learned Illaqa Magistrate/trial Court on 16th December, 2020, to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from the learned ASJ, Moga, in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties JAWALA RAM 2021.02.01 12:33 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-1316-2020 (O&M) - 2 - and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that she would have no objection if the complaint qua the accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original along with its report.

Learned counsel for the respondent - complainant too submits that there are no other accused other than the petitioners and the respondent - complainant, is the only aggrieved person in the complaint in question. In view of the report of the learned ASJ, Moga, and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid complaint and all consequential proceedings arising out of it, are hereby quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE January 28, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.02.01 12:33 I attest to the accuracy and authenticity of this document Chandigarh