Padamveer Singh v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 28.04.2023 Padamveer Singh ..... Petitioner

Versus

State of Punjab and another ..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. G.S. Dhillon, Advocate for the petitioner.

Mr. M.S.Joshi, Addl. A.G. Punjab.

Mr. T.S. Grewal, Advocate for respondent No. 2. **** AMARJOT BHATTI J. (ORAL) The petitioner - Padamveer Singh has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No. 0043 dated 03.05.2022 under Section 323, 354-B of IPC, registered at Police Station Sadar Sangrur, District Sangrur, Punjab (Annexure P-1) on the basis of compromise (Annexure P-2). The facts of the case are that the complainant - Saroj Rani gave her statement that she retired from Government School, Gharacho as a Teacher. Her husband was on bed rest after surgery. He used to walk in the street in the evening with the help of walker. On 02.05.2022, her husband was walking in the street and she was behind him. At about 07:00 P.M. when her husband was going towards GGS School, she called him to come back. She was standing in the corner of the street when one Esteem car bearing No. PB-10AC-0744 came from GGS School

-2side at a very high speed and took a sharp turn near her husband. The driver of the car was namely Padamveer Singh who stepped near her. She protested regarding the way he was driving the car but Padamveer Singh suddenly slapped her and torn her shirt from collar. He outraged her modesty. She was taken to Civil Hospital by the people who had collected there. With these allegations, present case has been registered.

Status report was filed by the respondent - State. The petitioner has filed this petition for quashing of aforesaid FIR on the basis of compromise. The petitioner and respondent No. 2 were directed to appear before the learned Illaqa/Duty Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the Court of learned Judicial Magistrate First Class, Sangrur dated 03.04.2023. The statement of respondent No. 2 has been recorded, where she confirmed the compromise which got effected vide compromise deed dated 27.01.2023 (Ex.CX) with the petitioner Padamveer Singh. She confirmed that this compromise is genuine, voluntary and without any coercion or undue influence and she has no objection regarding quashing of FIR.

The petitioner - Padamveer Singh also confirmed this fact in his separate statement. The statement of ASI Ranjit Singh, No. 264/Sgr. is also recorded who further confirmed that the accused person is not declared proclaimed offender in the present case and there is no other criminal proceeding against him. Therefore, from the report of learned Judicial Magistrate First Class, Sangrur, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their disputes.

-3peace and harmony, as they live in the same area. No purpose would be served with the continuation of criminal proceedings. Therefore, considering these facts, the petition filed by the petitioner - Padamveer Singh is accepted and FIR No. 0043 dated 03.05.2022 under Section 323, 354-B of IPC, registered at Police Station Sadar Sangrur, District Sangrur, Punjab on the basis of compromise (Annexure P-2) is quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 28.04.2023 lalit Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No