High Court of Punjab and HaryanaCRM-M/28585/2015disposed of

Jasbir Kaur And ORS v. State Of Punjab & ORS

2017-10-27Mr. Justice Harminder Singh Madaan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM NO. M-28585 OF 2015 DECIDED ON : 27.10.2017 Jasbir Kaur and ors.

...Petitioners

versus State of Punjab and ors.

...Respondents

CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL Present :

Mr. G.S.Sirpikhi, Advocate, for the petitioners.

Mr. Bhupender Beniwal, AAG, Punjab.

Mr. Vishal Sodhi, Advocate for respondent Nos.2 to 7.

***** ANUPINDER SINGH GREWAL, J. (ORAL) The petitioners are seeking quashing of FIR No.42 dated 30.04.2011, under Sections 326, 324, 323, 452, 506, 148, 149 IPC, registered at Police Station Qadian, District Batala, on the basis of compromise dated 16.08.2015 (Annexure P-2), which has been arrived at between the parties.

Learned counsel for the petitioners contends that the FIR is an outcome of misunderstanding between the parties and the matter has now been resolved. All the injured have fully recovered from their injuries. The matter has been compromised with the intervention of Panchayat. The Coordinate Bench of this Court by the order dated 18.03.2017 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements with regard to veracity of the compromise. The Judicial Magistrate, Ist Class, Batala has sent his report dated 11.04.2017, wherein it is stated that in pursuance to the order of Sonia Bura 2017.10.28 13:24 I attest to the accuracy and integrity of this document chandigarh

CRM-M-28585-2015 -2this Court, statements of the parties were recorded. As per the statements, compromise has been effected without any pressure, fear or undue influence.

The FIR is an outcome of misunderstanding between the parties, which has now been resolved. The injuries are on the non-vital parts of the complainant.

In view of the law laid down in "Narinder Singh Vs. State of Punjab" 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No.42 dated 30.04.2011, under Sections 326, 324, 323, 452, 506, 148, 149 IPC, registered at Police Station Qadian, District Batala and all the subsequent proceedings arising therefrom on the basis of compromise dated 16.08.2015 (Annexure P-2) are hereby quashed qua the petitioners only. (ANUPINDER SINGH GREWAL) JUDGE 27.10.2017 sonia Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Sonia Bura 2017.10.28 13:24 I attest to the accuracy and integrity of this document chandigarh