Harjeet Kaur And ORS. v. State Of Punjab And ANR.

CRM-M-18517-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-18517 of 2018 (O&M) Date of decision: October 17, 2018 Harjeet Kaur and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. P.S.Brar, Advocate for the petitioners.

Mr. Karanbir Singh, A.A.G., Punjab.

Mr. Sukhwinder Singh Chatrath, Advocate for respondent No. 2.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.50 dated 02.05.2017 (Annexure P-1), registered for offences punishable under Sections 420, 379, 120-B of Indian Penal Code (for short 'IPC') at Police Station Sadar Kotkapura, District Faridkot along with all consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2).

As per case of the complainant, petitioner-Harjeet Kaur, who is wife of the complainant had taken away two buffaloes, trolley, 10 tolas gold and other house hold articles from his house. Learned State counsel submits that police has already prepared the cancellation report which will be filed in Court in due course and has no objection if the petition is allowed.

Learned counsel for the petitioners submits that the matter has Jyoti 2018.10.23 10:15 I attest to the accuracy and authenticity of this document

CRM-M-18517-2018 -2since been settled vide compromise, copy of which has been placed on file as Annexure P-2.

Learned counsel for respondent No.2-complainant endorses the submission of learned counsel for the petitioners and has no objection if the impugned FIR (Annexure P-1) is quashed.

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 25.09.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any pressure or influence.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and FIR No.50 dated 02.05.2017, registered at Police Station Sadar Kotkapura, District Faridkot (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed. (SURINDER GUPTA) October 17, 2018 JUDGE Jyoti-II Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jyoti 2018.10.23 10:15 I attest to the accuracy and authenticity of this document