Swaran Kaur v. State Of Punjab And ANR
Crl. Misc. No. M-38339 of 2016
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No. 261 Case No. : Crl. Misc. No. M-38339 of 2016 Date of Decision : March 08, 2017 Swaran Kaur ....
Petitioner vs.
State of Punjab and another ....
Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.
* * * Present :
Ms. Rishma Verma, Advocate for the petitioner.
Mr. K. S. Sidhu, DAG, Punjab.
* * * DEEPAK SIBAL , J.
:
Through the present petition filed under Section 482 Cr.P.C., quashing of FIR No.49 dated 07.07.2011, registered under Sections 323, 324, 148 and 149 IPC, at Police Station Lambra, District Jalandhar, along with all consequential proceedings arising therefrom, is sought, on the basis of compromise arrived at between the parties. Through order of this Court dated 18.01.2017, the parties were directed to appear before the trial Court to get their statements recorded, who, in turn, was directed to send a report to this Court along with recorded statements regarding veracity of compromise so arrived at between the parties.
As directed, report dated 23.02.2017 from the Judicial Monika 2017.03.09 15:13 I attest to the accuracy and authenticity of this document
Crl. Misc. No. M-38339 of 2016 Magistrate Ist Class, Jalandhar has been received, as per which, the parties recorded their statements before the trial court in terms of the compromise arrived at between them and the said compromise is stated to be effected voluntarily and without any pressure.
Learned State counsel has also raised no objection. In view of the above, continuation of the proceedings in pursuance to the afore-referred FIR, in which the allegations pertain to a private dispute and in which, the trial is at the initial stage, would be an abuse of the process of law and in terms of the law laid down by the Full Bench of this Court in Kulwinder Singh and others vs. State of Haryana and others - 2007 (3) RCR (Criminal) 1052, I deem it just and proper to allow the petition and resultantly, quash the FIR No.49 dated 07.07.2011, registered under Sections 323, 324, 148 and 149 IPC, at Police Station Lambra, District Jalandhar, along with all consequential proceedings arising therefrom, qua the present petitioner only.
( DEEPAK SIBAL ) JUDGE March 08, 2017 monika Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.
Monika 2017.03.09 15:13 I attest to the accuracy and authenticity of this document