Paramjit Kaur And Others v. State Of Punjab And Another

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 321-2 Date of Decision:- 08.08.2024 PARAMJIT KAUR AND OTHERS ....Petitioner(s)

Versus

STATE OF PUNJAB AND OTHERS

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Bhawesh Chaudhary, Advocate for the petitioners. Mr. Japjot Singh, AAG Punjab.

Mr. J.S. Rana, Advocate for respondents No.2 and 3. ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of DDR/GDD (Annexure P-1) in FIR No.130 dated 28.10.2023, under Sections 323, 341, 452, 506 and 34 of IPC registered at Police Station Bhogpur, District Jalandhar Rural (Annexure P-2) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 22.04.2024 (Annexure P-4) executed between the parties. Details of the DDR/GDD are as follows:

DDR/GDD Dated Sections Police Station 05.11.2023 323, 341 and 34 Bhogpur, District

-2IPC Jalandhar Rural 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 22.04.2024 (Annexure P-4), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Judicial Magistrate 1st Class, Jalandhar vide report dated 05.08.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.10,000/- in compliance to the order dated 24.07.2024.

3.

Respondents No. 2 and 3 are represented by their counsel and do not oppose the compromise.

4.

In view of the aforesaid report of the Judicial Magistrate 1st Class, Jalandhar and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.

In the circumstances, the present petition is allowed. DDR/GDD No.8 dated 05.11.2023, under Sections 323, 341 and 34 IPC registered at Police Station Bhogpur, District Jalandhar Rural (Annexure P-1) in FIR

-3No.130 dated 28.10.2023, under Sections 323, 341, 452, 506 and 34 of IPC registered at Police Station Bhogpur, District Jalandhar Rural (Annexure P2) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 08.08.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No