Ankush Jindal And Others v. State Of Punjab And Another

-12023:PHHC:072791 CRM-M-20151-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-20151-2022 Date of Decision:-18.05.2023 Ankush Jindal and others ......Petitioners

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Tarun Singla, Advocate for the petitioners. Mr. Kuldeep Singh, AAG, Punjab.

Ms. Swati Verma, Advocate for Mr. G.S. Simble, Advocate for respondent No.2. **** ALOK JAIN, J. (Oral) 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.27 dated 28.06.2019, registered under Sections 406 and 498-A of Indian Penal Code at Police Station Women, District Bathinda (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 25.04.2022 (Annexure P-2). 2.

In compliance of order dated 11.05.2022, the parties have got their statements recorded before the Illaqa/Duty Magistrate and the report has been received from Sub-Divisional Judicial Magistrate, Phul, wherein it has been stated that the parties have entered into a compromise and the same is without any force or coercion and is genuine. PARUL 2023.05.24 12:52 I attest to the accuracy and authenticity of this document

-22023:PHHC:072791 CRM-M-20151-2022 3.

However, the counsel for the petitioner-husband has expressed his apprehension that in case, he gets his statement in the second motion under Section 13-B of the Hindu Marriage Act, which is fixed for 06.05.2023, the present FIR might not be quashed. 4.

In light of the above, the present petition stands allowed subject to the husband giving statement on 06.05.2023 and in case, he does not make the statement, the present order shall not become operative. 5.

Accordingly, FIR No.27 dated 28.06.2019, registered under Sections 406 and 498-A of Indian Penal Code at Police Station Women, District Bathinda (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 15,000/- each to be deposited by the petitioners jointly and Rs. 10,000/- to be deposited by respondent No.2 within one month from today in the following account:- Account Name - Punjab and Haryana High Court Bar Association Lawyer's Family Welfare Fund.

Account No. - 41564846387 Bank Name - SBI High Court Branch.

(ALOK JAIN) JUDGE 18.05. 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.05.24 12:52 I attest to the accuracy and authenticity of this document