Pooja Sharma v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 208/2 CRM-M-24398-2024 Date of decision: December 10th, 2024 Pooja Sharma .....Petitioner

Versus

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

Present:

Mr. Rishu Mahajan, Advocate for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Ms. Komalpreet Kaur, Advocate for Mr. Sandeep Arora, Advocate for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.102 dated 25.05.2021 under Sections 406/420 of the Indian Penal Code, 1860 and Section 13 of the Punjab Travel Professional Act, 2014, registered at Police Station Division No.6, Jalandhar, on the basis of compromise (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 22.05.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 04.07.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Chief Judicial Magistrate, Jalandhar, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between PUNEET SACHDEVA 2024.12.10 16:39 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-24398-2024 -2the parties stands verified and confirmed. 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 and daughter of the complainant has also made statement to the effect that she would have no objection if the FIR qua the accused-petitioner is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

In view of the report of the learned Chief Judicial Magistrate, Jalandhar, and the principles laid down by Hon'ble 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. 6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. December 10th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.12.10 16:39 I attest to the accuracy and integrity of this document Chandigarh