Jaswant Singh v. State Of Punjab And ANR

Crl. Misc. No. M-19139 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-19139 of 2016 Date of decision : 22.05.2017 Jaswant Singh ......Petitioner versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Sushma Chopra, Advocate for the petitioner Mr A.P.S. Gill, AAG, Punjab Mr. Jaideep Verma, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Petitioner is seeking quashing of FIR No.56, dated 23.04.2014, registered at Police Station Daba, District Ludhiana, under Sections 363/366-A IPC, on the basis of settlement effected between the parties on 19.02.2016 (Annexure P-2).

Petitioner and Sangeeta got married and approached this Court for protection of their life and liberty, vide CRM-M-13978-2014. Now the petitioner has been living happily with daughter of respondent No. 2. The present F.I.R has been registered by the father of respondent No. 2 with the allegations that the petitioner has enticed away the daughter of respondent No. 2. However, now the matter stands compromised between the parties, vide compromise deed dated 19.02.2016 (Annexure P-2). In compliance of order dated 19.09.2016, report dated 26.04.2017 of Judicial Magistrate 1st Class, Ludhiana has been received in this regard. As per report, statements of the complainant and petitioner have GAURAV ARORA 2017.06.12 12:52 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-19139 of 2016 been recorded and they stated that the matter has been duly compromised between them. The compromise has been entered voluntarily. The complainant stated that he has no objection if the F.I.R be quashed against the petitioner.

Keeping in view the report dated 26.04.2017 and the fact that now Sangeeta is residing happily with the petitioner, the present petition is allowed and FIR No.56, dated 23.04.2014, registered at Police Station Daba, District Ludhiana, under Sections 363/366-A IPC is quashed along with all consequential proceedings qua petitioner, in view of the judgment of the Hon'ble Supreme Court in cases Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052 as no useful purpose would be served in prolonging the litigation once the daughter of the complainant is residing happily with the petitioner as his wife. 22.05.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.06.12 12:52 I attest to the accuracy and integrity of this document Chandigarh