Jagjit Singh v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-17857-2019 (O&M) (I) Date of Decision:-4.10.2019 Jagjit Singh ... Petitioner

Versus

State of Punjab and another ... Respondents (II) CRR-3989-2015 (O&M) Jagjit Singh ... Petitioner

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State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. P.K.S. Phoolka, Advocate for the petitioner. Ms. Ruchika Sabherwal, Assistant Advocate General, Punjab. Mr. Davinder Kumar, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) This order shall dispose off the aforesaid two petitions filed by the petitioner Jagjit Singh i.e. CRM-M-17857-2019 and CRR-3989-2015. The petitioner has approached this Court by way of filing CRM-M-17857-2019 seeking quashing of FIR No.662 dated 14.11.2005

( 2 ) CRM-M-17857-2019 (O&M) and CRR-3989-2015 (O&M) registered at Police Station Kotwali, Bathinda under Sections 498-A, 406 and 109 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

The petitioner has filed CRR-3989 of 2015 seeking setting aside of judgment dated 5.10.2015 passed by learned Additional Sessions Judge, Bathinda whereby the petitioner has been convicted for offence under Section 498-A, 406 and 109 of Indian Penal Code, 1860. Vide order dated 4.7.2019 passed in CRM-M-17857-2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise. Report of learned Chief Judicial Magistrate, Bathinda has been received, wherein it has been reported that statement of petitioner/accused Jagjit Singh and also of complainant Baljinder Kaur have been recorded to the effect that they have compromised the matter amongst themselves with the intervention of respectables and they have no objection in case the FIR is quashed.

The learned Chief Judicial Magistrate, Bathinda has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the petition for quashing of FIR i.e. CRM-M-17857 of 2019 is allowed and FIR No.662 dated

( 3 ) CRM-M-17857-2019 (O&M) and CRR-3989-2015 (O&M) 14.11.2005 registered at Police Station Kotwali, Bathinda under Sections 498-A, 406 and 109 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. Consequently, CRR-3989 of 2015 is also accepted and judgment dated 5.10.2015 passed by learned Additional Sessions Judge, Bathinda as well as judgment dated 6.6.2014 passed by learned Chief Judicial Magistrate, Bathinda, whereby the petitioner has been convicted for offence under Section 498-A, 406 and 109 of Indian Penal Code, 1860 are also set aside and the petitioner is acquitted from all the charges. 4.10.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No