High Court of Punjab and HaryanaCRM-M/42005/2016allowed

Kuldeep Kaur And Others v. State Of Punjab & ORS

2017-03-28Mrs. Justice Raj Rahul Garg2 pages

CRM-M-42005-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42005-2016 Date of Decision:- 28.03.2017 Kuldeep Kaur and others ....Petitioners

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Gagandeep Singh Sirphikhi, Advocate for the petitioners.

Mr. APS Gill, AAG, Punjab.

None for respondent Nos.2 and 3.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.69 dated 19.09.2016, under Sections 363, 366-A and 120-B IPC, registered at Police Station Sekhwan, Police District Batala, Gurdaspur, on the basis of compromise dated 01.11.2016 (Annexure P-2). Learned counsel for the petitioners submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 01.11.2016 (Annexure P-2).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated 01.11.2016 (Annexure P-2), by way of order dated 23.11.2016, by this Court.

In compliance of order dated 23.11.2016 of this Court, the report of the Additional Sessions Judge, Gurdaspur, dated 14.02.2017 has Naresh Kumar 2017.04.06 08:52 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-42005-2016 -2been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioners is quashed. Statements of the petitioners and complainant have been recorded to the same effect. Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot Vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No.69 dated 19.09.2016, under Sections 363, 366-A and 120-B IPC, registered at Police Station Sekhwan, Police District Batala, Gurdaspur and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 01.11.2016 (Annexure P-2).

The present petition stands disposed of.

March 28, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.04.06 08:52 I attest to the accuracy and integrity of this document Chandigarh