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High Court of Punjab and HaryanaCRM-M/36337/2011allowed

Paramjit Kaur And ANR. v. State Of Punjab And ANR.

2015-04-28Mr Justice Gurdev Singh3 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1.

Date of Decision : 28.04.2015 Paramjit Kaur and another .....Petitioners

Versus

State of Punjab and another ....Respondents 2.

CRM-M-37543 of 2011 Amarjit Singh and others .....Petitioners

Versus

State of Punjab and another ....Respondents CRM-M-2510 of 2012 Sukhwinder Singh .....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

None for the petitioners.

Sh. Sukhwinder Singh, petitioner in person (in CRM-M-2510 of 2012) Mr. Gurveer Sidhu, AAG, Punjab.

Mr. Arvinder Singh Khosa, Advocate for respondent no. 2.

R.P. Nagrath, J. (Oral) This order will dispose of CRM-M-36337 of 2011, CRM-M37543 of 2011 and CRM-M-2510 of 2012, as these arise out of the same FIR No. 74 dated 04.07.2006, for offences under Sections 406 and 498-A of Indian Penal Code (IPC), Police Station Ahmedgarh.

-2Prayer in these petitions is made under Section 482 Cr.P.C. for quashing of aforesaid FIR and the summoning order passed by the learned Judicial Magistrate.

The summoning order was challenged in revision before the Sessions Court but the same was dismissed. The investigation report resulted into the filing of cancellation report but despite that cognizance was taken by the Magistrate. During pendency of these petitions, the matter was referred to Mediation and Conciliation Centre of this Court, where the mediation was successful and as per the detailed terms of settlement reached between the parties, the complainant has no objection if the instant FIR is quashed.

Learned counsel for the complainant submits that necessary order may be passed in view of the settlement reached between the parties.

No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 (P&H) and approved by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and others, (2012)10 SCC 303, these petitions are allowed and FIR No. 74 dated 04.07.2006 for offences under Sections 406 and 498-A IPC and subsequent proceedings thereto are quashed.

-3Needless to say that the parties shall remain bound by the terms and conditions of the settlement reached between them before the Mediation and Conciliation Center of this Court. Allowed in the above terms.

April 28, 2015 ( R.P. NAGRATH ) jk JUDGE