Sahib Singh And ANR v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 1 st October, 2020 SAHIB SINGH AND ANOTHER .....PETITIONERS

VERSUS

STATE OF PUNJAB AND ANOTHER .....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN.

***

Present:

Mr. Varun Garg, Advocate for the petitioners. Ms. Rashmi Attri, AAG, Punjab.

Mr. Dixit Raj Kapoor, Advocate for respondent No.2. *** AVNEESH JHINGAN, J (ORAL) The matter is taken up for hearing through video conference due to COVID-19 situation.

This is a petition under Section 482 of Cr.P.C for quashing FIR No. 27, dated 1st February, 2020 registered under Sections 376(2) (n), 406, 420, 109, 506 of the Indian Penal Code at Police Station Civil Lines Patiala, Patiala and all subsequent proceedings arising therefrom.

The quashing is sought on the basis of compromise. Facts are that the accused and complainant were having love affair and developed physical relationship. Due to certain differences present FIR was registered. However, immediately the matter was resolved, they solemnized marriage on 14th February, 2020 and thereafter, compromise dated 24th February, 2020 was entered into between the parties. During the course of arguments, the Court has been informed that the couple has been blessed with a baby girl few days back.

This Court vide order dated 13th March, 2020 directed the parties to appear before the trial Court/Illaqa Magistrate to get their statements recorded.

-2The report has been received stating that the statements have been made that they have solemnized marriage and are living happily as husband and wife and they have stood by the compromise arrived at. Learned State counsel submits that allegations in the FIR under Section 376 IPC and it is not a case for quashing. No doubt the case under Section 376 IPC should not normally be quashed under Section 481 Cr.P.C.

  



     



 

 

 

    

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 ) ( )      +  )  ) 4 Considering the facts that both the parties were major, having love affair and that the complainant was expecting at the time of registering FIR as she has delivered a baby girl few days back, to meet the ends of justice, moreso, when continuation of trial would not only affect the relations of the parties but would have bearing on the future

-3of the child. The FIR No. 27, dated 1st February, 2020 registered under Sections 376(2) (n), 406, 420, 109, 506 of the Indian Penal Code at Police Station Civil Lines Patiala, Patiala and subsequent proceedings arising therefrom is quashed.

In view of afore-said terms, the present petition is allowed. (AVNEESH JHINGAN) st October, 2020 JUDGE sham Whether speaking/reasoned Yes/No Whether reportable Yes/No