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High Court of Punjab and HaryanaCRM-M/19582/2019allowed

Paramjit Kaur And ANR v. State Of Punjab And ANR

2020-03-06Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-19582-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 06.03.2020 CRM-M-19582-2019 Paramjit Kaur & anr.

...... Petitioners

Versus

State of Punjab & anr.

...... Respondents CRM-M-36958-2019 Kuljeet Kaur ..... Petitioner versus State of Punjab & anr.

..... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. G.S.Dhaliwal, Advocate for the petitioners in CRM-M-19582 and 36958 of 2019. Ms. Jaspreet Kaur, AAG, Punjab.

Ms. Sunita Nambiar, Advocate for respondent No.2 in CRM-M-19582 and 36958 of 2019. **** Manjari Nehru Kaul, J.

This order will dispose off the two criminal petitions i.e. CRMM-19582 and CRM-M-36958-2019 for quashing the FIR No.100 dated 09.11.2011 under Sections 323, 324, 294, 34, 406, 498-A IPC registered at Police Station Jodhan, Ludhiana has been prayed for. Brief facts of the case are taken from CRM-M-19582-2019.

The instant petition has been filed under Section 482 Cr.PC for quashing FIR No.100 dated 09.11.2011 under Sections 323, 324, 294, 34, 406, 498-A IPC registered at Police Station Jodhan, Ludhiana and all the SONIA BURA 2020.03.13 15:53 I attest to the accuracy and integrity of this document chandigarh

CRM-M-19582-2019 -2consequential proceedings arising therefrom on the basis of compromise deed dated 06.04.2019 (Annexure P-2) arrived at between the parties. Vide order dated 22.01.2020 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 06.02.2020 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 14.02.2020 has since been received from the learned JMIC, Ludhiana in pursuance to the direction of this Court. 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. The trial Court has annexed the photocopies of the statements of the parties alongwith its report. Learned State counsel also submits that there is/are no other accused other than the petitioner(s) and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Ludhiana 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 qua the petitioner(s). Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 06.03.2020 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2020.03.13 15:53 I attest to the accuracy and integrity of this document chandigarh