Jaswant Singh @ Sattu v. State Of Punjab And ANR

CRM-M No. 18746 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No. 18746 of 2016 Date of decision : 03.10.2016 Jaswant Singh @ Sattu .........Petitioner v.

State of Punjab and another ......Respondents CORAM : HON'BLE MS. JUSTICE RITU BAHRI Present :

Mr. Ramesh Sharma, Advocate, for the petitioner Mr. A.P.S. Gill, A.A.G. Punjab Mr. D.K. Raheja, Advocate, for respondent No. 2 --- Ritu Bahri, J. (Oral) This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 274 dated 24.11.2011 under Sections 363/366/452 IPC and Section 25/54/59 of Arms Act, registered at Police Station Shahkot, District Jalandhar City, on the basis of compromise dated 21.05.2016(Annexure P-3). F.I.R was registered by respondent No.2 against the petitioner with the allegation that he forcibly kidnapped her sister i.e Mandeep Kaur when she was present at home.

The fact which is not disputed i.e sister of respondent No. 2 Mandeep Kaur and the petitioner have performed the marriage and got protection from this Court, vide order dated 05.12.2011 (P-2). One child was also born out of the said wedlock.

However, the matter has now been amicably settled between the parties with the intervention of friends, elders and respectable, vide compromise GAURAV ARORA 2016.10.06 15:54 I attest to the accuracy and integrity of this document

CRM-M No. 18746 of 2016 -2deed dated 21.05.2016 (Annexure P-2) In compliance of order dated 28.05.2016, learned Judicial Magistrate 1st Class, Nakodar has submitted the report vide letter dated 19.07.2016, which indicates that parties appeared before it and got recorded their respective statements with regard to validity of compromise. As per the report, compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. Now no dispute is pending between the parties.

Learned State counsel has further informed the Court that police have also prepared the cancellation report.

Consequently, in view of above said report dated 19.07.2016 and in view of the judgments of the Hon'ble Suprpeme Court in Dr. Arvind Barsaul etc. v. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; "Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429", and the law laid down by the Full Bench judgment of this Court in the case of "Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052", no useful purpose would be served in prolonging the litigation. Accordingly, the present petition is allowed. FIR No. 274 dated 24.11.2011 under Sections 363/366/452 IPC and Section 25/54/59 of Arms Act, registered at Police Station Shahkot, District Jalandhar City is quashed qua petitioner, on the basis of compromise dated 21.5.2016 (Annexure P-2) and all the criminal proceedings arising out of the said FIR also stands quashed. (RITU BAHRI) JUDGE 03.10.2016 G Arora GAURAV ARORA 2016.10.06 15:54 I attest to the accuracy and integrity of this document