Bittu Singh And ANR v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35218-2020 Decided on : 13.01.2021 Bittu Singh and another . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Neeraj Madaan, Advocate for the petitioner(s).

Mr. Bhupender Beniwal, AAG, Punjab.

None for the respondent No.2.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition is for quashing of FIR No. 136, dated 19.10.2019, lodged under Sections 290, 354, 509, 34 IPC, registered at Police Station Sadar Jalalabad, District Fazilka (Annexure P-1) and all the consequential proceedings arising out of the same, on the basis of compromise arrived at, between the parties.

Vide order dated 02nd November, 2020 of this Court, the parties were directed to appear before the learned Illaqa Magistrate/trial Court on 07th December, 2020, to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from the learned CJJD-cumJMIC, Jalalabad(W), in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and JAWALA RAM 2021.01.13 14:09 I attest to the accuracy and authenticity of this document Chandigarh out of their free will and the complainant has also made statement to the

CRM-M-35218-2020 - 2 - effect that she would have no objection if the FIR qua the accusedpetitioners is quashed. The trial Court has annexed the copy statements of the parties alongwith its report.

Learned State counsel too submits that there are no other accused other than the petitioners and respondents No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned CJJD-cum-JMIC, Jalalabad(W) 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 is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE January 13, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.01.13 14:09 I attest to the accuracy and authenticity of this document Chandigarh