Anish Kumar And ORS. v. State Of Punjab And ANR.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-15770 of 2018 (O&M) Date of decision : October 23, 2019 Anish Kumar and others ....Petitioners versus State of Punjab and another ....Respondents Coram:
Hon'ble Mr. Justice Fateh Deep Singh
Present:
Mr. Saajan Singla, Advocate, for the petitioners All the petitioners in person Mr. Pawan Sharda, Sr. DAG Punjab for the State/ respondent no. 1 Mr. Amit Goyal, Advocate, for respondent no.2 Respondent no. 2/complainant in person Fateh Deep Singh, J. (Oral) Reports dated 6.6.2018 and 29.10.2018 of learned Judicial Magistrate Ist Class, Ludhiana have been received after recording statements of accused Anish Kumar, Sukarma Devi as well as complainant Shaina. Statement of accused Bhavna @ Bhavna Prashar was recorded through her mother and power of attorney before the Court below. In compliance with orders dated 23.1.2019, accused-petitioner Bhavna @ Bhavna Prashar appeared and her statement was also recorded by this Court. DALBIR SINGH TIWANA 2019.10.29 13:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-15770 of 2018 (O&M) -2The learned court below has shown its satisfaction that the compromise is an outcome of voluntariness, free will and without any coercion or undue pressure. In the light of the satisfaction shown by the Court and in view of the fact that it is a pure matrimonial dispute and compromise will go a long way in ironing out the differences and for betterment of their future life and more-so the offences for which the accused have been booked are not of very serious nature and in view of the law laid down in Gian Singh vs State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Criminal) 1052 and in view of which the prayer made in the petition is allowed, proceedings by way of FIR No. 99 dated 2.12.2017 registered at Police Station Women, Ludhiana under sections 498-A, 406 IPC and all consequences arising thereof are quashed, qua the present petitioners.
The petition stands allowed in those terms.
( Fateh Deep Singh ) October 23, 2019 Judge 'tiwana'
Whether speaking/reasoned ?
Yes/No Whether Reportable ?
Yes/No DALBIR SINGH TIWANA 2019.10.29 13:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.