Amandeep Kumar v. State Of Punjab And ANR
-1- 258-2
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 26.04.2024 AMANDEEP KUMAR ......PETITIONER Vs.
STATE OF PUNJAB AND ANOTHER .........RESPONDENTS
CORAM:
HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN
Present:
Mr. Umesh Aggarwal, Advocate, for the petitioner.
Mr. Davinder Bir Singh, Sr. D.A.G., Punjab.
Mr. Rishu Mahajan, Advocate, for respondent No. 2.
***** HARPREET KAUR JEEWAN J.
[1] The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 205 dated 21.06.2015, under Sections 341, 323, 365, 148 and 149 of the IPC, registered at Police Station Civil Lines, District Amritsar, (Annexure P-1), on the basis of the judgment and decree of divorce passed by the learned Family Court, Amritsar (Annexure P-3), whereby the petitioner and respondent No. 2 have been granted divorce through mutual consent.
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[3] Learned counsel appearing on behalf of respondent No. 2 has confirmed the factum of compromise between the parties. He submits that respondent No. 2-complainant has no objection if the present FIR against the present petitioner is quashed by this Court.
-3- [4] On 08.08.2023, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of their statements regarding the compromise.
[5] As per the report dated 08.11.2023, received from the Chief Judicial Magistrate, Amritsar, through the District & Sessions Judge, Amritsar, compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. Earlier the petitioner was declared as "Proclaimed Offender" in the present case. However, that order has been stayed by this Court, vide order dated 08.08.2023 passed in ))%5- -*as noticed above, the said order has been quashed by this Court, vide its separate order of even date, passed in ))%5-- 1,%2
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[6] Learned State counsel has not raised any objection regarding the acceptance of the present petition.
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[8] Consequently, this petition is allowed and FIR No. 205 dated 21.06.2015, under Sections 341, 323, 365, 148 and 149 of the IPC, registered at Police Station Civil Lines, District Amritsar, and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioner.
[09] However, the respondent No.2-Swati and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise are violated.
[10] Pending miscellaneous application (s), if any, shall also stand disposed of.
April 26, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No