Jaspal Singh And Others v. State Of Ut Chandigarh And Another

[ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 22.02.2022 Jaspal Singh and others..........................................Petitioners

Versus

State of U.T. Chandigarh and another ............... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

(through video conferencing)

Present:

Mr. B.S.Saroha, Advocate for the petitioners.

Mr. Rajiv Vij, APP, U.T. Chandigarh.

Mr. Rahul Vats, Advocate for respondent No.2.

...

MANJARI NEHRU KAUL, J. (Oral) CRM-4556-2022 This is an application for pre-ponement of date in the main case from 29.09.2022 to an early date.

For the reasons mentioned in the application and with no objection from the opposite counsel, the application is allowed and the date in the main case is preponed to today.

CRM-M-3517-2020 Prayer in the instant petition is for quashing of FIR No.8 dated 02.01.2019 under Sections 498-A and 406 IPC registered at Police Station Women, Chandigarh, along with all subsequent proceedings arising therefrom on the basis of compromise effected between the parties before

[ 2 ] the Mediation & Conciliation Centre, District Court, Chandigarh (Annexure P2).

Vide order dated 25.11.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Judicial Magistrate, Ist Class,Chandigarh, 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 voluntarily and the same is genuine, without any pressure, coercion or undue influence. The complainant has also made statement to the effect that she would have no objection if the FIR in question qua the accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original, along with its report.

Learned State counsel, on instructions from ASI Karamjit Singh, too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question. In view of the report of the learned Judicial Magistrate, Ist Class, Chandigarh, 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 Narinder Singh and others Vs. State of Punjab and another, 2014(2) RCR (Criminal) 482, the instant petition is allowed. The aforesaid FIR along with all consequential proceedings arising out of it, are quashed.

[ 3 ] Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. ( MANJARI NEHRU KAUL) 22.02.2022 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No