Davinder Kaur And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.13468 of 2025 (O&M) Date of decision: 05.04.2025 Davinder Kaur and another ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Tushan Rawal, Advocate for the petitioners.

Mr. Rishabh Singla, AAG, Punjab.

Mr. A.S. Gulati, Advocate for respondent No.2.

HARPREET SINGH BRAR J. (Oral) 1.

This is the second petition filed under Section 528 BNSS, 2023 seeking quashing of FIR No.156 dated 05.12.2022 under Sections 420/120-B IPC (Section 408 IPC added later on) registered at Police Station Ladhuwal, District Ludhiana (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 03.03.2025 (Annexure P2). The first petition was dismissed as withdrawn on 20.03.2024 with liberty to the petitioners to file a fresh petition, after depositing the cost as imposed by this Court vide order dated 14.02.2024.

2.

The following order was passed on 12.03.2025:- "XX XX XX XX Notice of motion.

At this stage, on the asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of respondent No.1-State and Mr. A.S. Gulati, Advocate accepts notice for respondent No.2 and files his power of attorney, which is taken on record. He admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day.

Service is complete.

Adjourned to 05.04.2025.

In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get recorded their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed.

A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 3.

In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

4.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full

Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.156 dated 05.12.2022 under Sections 420/120-B IPC (Section 408 IPC added later on) registered at Police Station Ladhuwal, District Ludhiana and all other subsequent proceedings arising out of the same are quashed, qua the petitioners.

(HARPREET SINGH BRAR) JUDGE 05.04.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No