Thawar Mall @ Sunil Kumar And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14087-2021 Decided on : 06.12.2021 Thawar Mall @ Sunil Kumar & anr.

...... Petitioners

Versus

State of Punjab & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Akbarjit Singh, Advocate for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Karan, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.06 dated 17.01.2020 under Sections 406 and 498-A IPC registered at Police Station Women, District Ludhiana and all the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioners submits that FIR in question was got registered on account of a matrimonial dispute between the parties. However, subsequently the matter stands amicably resolved between the parties vide compromise and a joint petition under Section 13-B of Hindu Marriage Act has also been filed wherein first motion statement of the parties have been recorded.

Vide order dated 24.08.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on SONIA BURA 2021.12.06 17:15 I attest to the accuracy and integrity of this document chandigarh

CRM-M-14087-2021 -223.09.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 11.10.2021 has since been received from the JMIC, Ludhiana in pursuance to the direction of this Court. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the original statement of the parties alongwith its report. Learned State counsel also submits that there is no other accused other than the petitioners and the respondent is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Ludhiana and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 06.12.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.12.06 17:15 I attest to the accuracy and integrity of this document chandigarh