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High Court of Punjab and HaryanaCRM-M/32370/2016allowed

Pippal Singh And ORS v. State Of Punjab And ORS

2016-12-05Mrs. Justice Raj Rahul Garg2 pages

GAURAV ARORA 2016.12.15 10:35 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-32370 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-32370 of 2016 Date of decision : 05.12.2016 Pippal Singh and others ......Petitioner versus State of Punjab & ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vikas Gupta, Advocate for the petitioners.

Mr. A.P.S. Gill, AAG, Punjab Mr. Vivek Salathia, Advocate for respondent Nos. 2 and 3.

**** RITU BAHRI , J. (Oral) Quashing of FIR No. 46 dated 15.07.2016 under Sections 365/354 IPC, registered at Police Station Valtoha, District Tarn Taran, is being sought on the basis of compromise deed dated 23.08.2016 (Annexure P-2).

The allegations against the petitioners are that they came to the house of the complainant and Surjeet Kaur caught hold of Kawaldeep Kaur from her arms and the remaining persons forcibly dragged the daughter of the complainant and make her to sit on the motorcycle. The complainant and her wife raised alarm but the petitioners took the daughter of the complainant by way of kidnapping.

However, the matter has now been duly compromised, vide compromise deed dated 23.08.2016 (Annexure P-2). In compliance of order dated 14.09.2016, report dated

Crl. Misc. No. M-32370 of 2016 14.10.2016 of Judicial Magistrate 1st Class, Patti, has been received in this regard. As per report, statement of parties have been recorded. Complainant and his wife stated that the matter stands compromised between the parties with the intervention of respectables of the village They do not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. To the same effect is the joint statement given by the petitioners.

Consequently, in view of the status report dated 14.10.2016 and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, n view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, 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, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No. 46 dated 15.07.2016 under Sections 365/354 IPC, registered at Police Station Valtoha, District Tarn Taran, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

05.12.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No