High Court of Punjab and HaryanaCRM-M/27236/2021allowed

Yadwinder Singh v. State Of Punjab And Others

2021-09-17Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) CRM-M-27236-2021 Decided on : 17.09.2021 Yadwinder Singh ...... Petitioner

Versus

State of Punjab & others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Vishnu Dutt, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Naveen Bawa, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.(Oral) The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.74 dated 05.09.2019 under Sections 406 and 498-A IPC registered at Police Station Women District Jalandhar and all the consequential proceedings arising out of the same, on the basis of compromise dated 06.04.2021 (Annexure P-2) arrived at, between the parties.

Vide order dated 19.07.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 18.08.2021 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 20.08.2021 has since been received from the JMIC, Jalandhar in pursuance to the direction of this Court. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial SONIA BURA 2021.09.17 14:44 I attest to the accuracy and integrity of this document chandigarh

CRM-M-27236-2021 (O&M) -2Court has annexed the photocopies of the statements of the parties alongwith its report.

Learned State counsel also submits that there is no other accused other than the petitioner and respondents No.2 and 3 are the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Jalandhar and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) 17.09.2021 JUDGE sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.09.17 14:44 I attest to the accuracy and integrity of this document chandigarh