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High Court of Punjab and HaryanaCRM-M/42038/2016allowed

Seema Bai & ORS v. State Of Punjab & ANR

2017-02-21Ms. Justice Ritu Bahri2 pages

Crl. Misc. No. M-42038 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-42038 of 2016 Date of decision : 21.02.2017 Seema Bai and others ......Petitioners versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. A.K. Sama, Advocate for the petitioners Mr. Jaspreet Sekhon, AAG, Punjab Mr. Manu Loona, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) The present petition has been filed by the petitioners for quashing of order dated 23.12.2015 passed by learned JMIC Abohar in Crl. Case No. 196-A of 14.05.2013, vide which the petitioners have been convicted under Section 323/34 IPC and order dated 19.04.2016 (P-2) passed by learned Addl. Sessions Judge, Fazilka. Petitioners are seeking quashing of the above said order, as the matter stands compromised between the parties vide compromise deed dated 01.07.2016 (P-3). Further petitioner No. 1 was the complainant in FIR No. 58 dated 24.04.2013 under Section 498-A/406/323/325/34 IPC, registered at Police Station Sadar Fazilka, District Fazilka, which was quashed vide CRM-M-43972 of 2016, vide separate order.

A bare perusal of the impugned order dated 23.12.2015 shows that the petitioner were convicted but they were released on probation by GAURAV ARORA 2017.02.23 11:08 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-42038 of 2016 the learned Court on furnishing of their bail bonds. Against this order, they preferred appeal and revision petition, which was dismissed, vide order dated 19.04.2016.

The allegations against the petitioner that they have beaten respondent No. 2 and his family members This petition is liable to be allowed, as the matter stands compromised between the parties and petitioner No. 1 who was also the complainant in the above said F.I.R has given her statement that she has no objection if the F.I.R be quashed against respondent No. 2 and others, who were accused in the F.I.R.

In the present case as well, the matter stands compromised between the parties, vide compromise deed dated 01.07.2016. Once the connected petition i.e CRM-M-43972 of 2016 has been allowed, on the statement of petitioner No. 1, vide separate order of even date and the present matter has also been compromised between the parties, the present petition stands allowed and order dated 23.12.2015 and 19.04.2016 (P-2) are hereby quashed.

21.02.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.02.23 11:08 I attest to the accuracy and integrity of this document Chandigarh