Kamaljit Kaur v. State Of Punjab And Another

CRM-M-20626-2024 -1- 2024:PHHC:119050

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-20626-2024 Date of decision: 10.09.2024 KAMALJIT KAUR

...Petitioner

VERSUS

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Akash Manocha, Advocate for the petitioner.

Mr. Deepinder Brar, Sr. DAG, Punjab.

Mr. Vishawjeet Singh, Advocate for MR. Lovepreet Singh Sidhu, Advocate for respondent No.2.

**** N. S. SHEKHAWAT, J. (Oral) 1.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of summoning order dated 24.11.2017, passed by the Court of Judicial Magistrate First Class, Kapurthala and Complaint No.COM/80/2017 dated 18.09.2017 under Sections 452, 323, 506 and 34 IPC and further order framing of charges dated 02.08.2023 under Sections 452, 323 and 506 IPC, pending before the Court of Sub Division Judicial Magistrate, Bholath, District Kapurthala on the basis of compromise dated 18.01.2024 (Annexure P-4).

2.

Vide order dated 25.04.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 18.01.2024 (Annexure P-4).

3.

Pursuant to aforesaid order, the parties have appeared before the Sub Divisional Judicial Magistrate, Bholath and got their statements recorded. MAMTA 2024.09.11 17:15 I attest to the accuracy and integrity of this order/judgment

CRM-M-20626-2024 -2- 2024:PHHC:119050 Report dated 13.05.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. 4.

I have heard counsel for the parties and gone through the case file. 5.

In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner.

6.

Resultantly, summoning order dated 24.11.2017, passed by the Court of Judicial Magistrate First Class, Kapurthala and Complaint No.COM/80/2017 dated 18.09.2017 under Sections 452, 323, 506 and 34 IPC and further order framing of charges dated 02.08.2023 under Sections 452, 323 and 506 IPC, pending before the Court of Sub Division Judicial Magistrate, Bholath, District Kapurthala alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner. (N. S. SHEKHAWAT) 10.09.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.09.11 17:15 I attest to the accuracy and integrity of this order/judgment