High Court of Punjab and HaryanaCRM-M/35159/2016allowed

Chatvinder Singh Sidhu & ORS v. State Of Punjab & ANR

2017-01-16Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-35159 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-35159 of 2016 Date of decision : 16.01.2017 Chatvinder Singh Sidhu and ors.

......Petitioners versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ankit Joshi, Advocate for the petitioners Mr. A.P.S. Gill, A.A.G. Punjab Mr. M.K. Pundir, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 110 dated 30.06.2016 under Sections 493/420 IPC, registered at Police Station Civil Lines Bathinda, is being sought on the basis of compromise deed dated 03.09.2016 (Annexure P-2) The allegations against the petitioners that they had cheated the complainant and further the allegation is that Chatvinder Singh on the pretext of marriage raped the complainant. Chatvinder Singh,Kulwinder Kaur and father Devinder Singh Sidhu have done forgery with her by giving her impression of marriage and Chatvinder Singh had developed physical relations with the complainant forcibly.

However, the matter has now been duly compromised, vide compromise deed dated 03.09.2016 (Annexure P-2) In compliance of order dated 30.09.2016, report dated 03.11.2016 of Chief Judicial Magistrate, Bathinda, has been received in this GAURAV ARORA 2017.01.24 13:40 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-35159 of 2016 regard. As per report, statement of parties have been recorded. Complainant stated that the matter stands compromised between the parties and she does 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 with the intervention of respectables and without any pressure, undue influence or coercion. To the same effect is the statement given by petitioner No. 1.

Consequently, in view of the status report dated 03.11.2016 and in 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. 110 dated 30.06.2016 under Sections 493/420 IPC, registered at Police Station Civil Lines Bathinda, is quashed along with all consequential proceedings arising therefrom qua petitioners. 16.01.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.01.24 13:40 I attest to the accuracy and integrity of this document Chandigarh