Jeewan Kumar v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-38639-2020 (O&M) Date of Decision:-21.12.2020 Jeewan Kumar ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Parshotam Lal Singla, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. J.S. Bhatia, Advocate for respondent No.2/complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.60 dated 16.3.2020 registered at Police Station City Moga under Section 354-A of Indian Penal Code and Sections 3 and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocicies) Act, 1989 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 24.11.2020, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

PANKAJ KAKKAR 2020.12.21 20:23 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-38639-2020 (O&M) 3.

Report of learned Additional District & Sessions Judge, Moga has been received, wherein it has been reported that the statements of petitioner/accused Jeewan Kumar and also of complainant Jaspreet Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Jaspreet Kaur in her statement has stated that she has no objection in case the FIR in question is quashed. 5.

The learned Additional District & Sessions Judge, Moga has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.60 dated 16.3.2020 registered at Police Station City Moga under Section 354-A of Indian Penal Code and Sections 3 and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocicies) Act, 1989 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 21.12.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.12.21 20:23 I attest to the accuracy and integrity of this document