Amanpreet Kaur And ORS v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-17945-2019 Decided on : 22.01.2020 Amanpreet Kaur and others . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. S.S. Momi, Advocate for the petitioner(s).

Ms. Devaki Anand Sullar, Asstt. AG, Punjab assisted by ASI Krishan Singh.

Ms. Gagandeep Kaur, Advocate for Mr. Aakash Singla, Advocate for respondent No.2.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition is for quashing of FIR No. 37, dated 11.04.2018, under Sections 498-A, 406 IPC, registered at Police Station Sadar Sunam, District Sangrur and the consequential proceedings arising out of the same, on the basis of compromise dated 10.05.2018 (Annexure P-2) arrived at, between the parties.

Vide order dated 13th September, 2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 11th October, 2019 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from the learned ACJM, Sangrur, in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that she would have no JAWALA RAM 2020.01.24 19:29 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-17945-2019 - 2 - objection if the FIR qua the accused-petitioners is quashed. The trial Court has annexed the copies of statements of the parties in original, alongwith its report. Besides above, it has also been brought to the notice of this Court that the marriage between the parties has since been dissolved. Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned ACJM, Sangrur and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE January 22, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.01.24 19:29 I attest to the accuracy and authenticity of this document Chandigarh