Amit Gupta And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23024-2019 Date of decision:28.8.2019 Amit Gupta and other .....Petitioners

Versus

State of Punjab and others .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Kamna Kumar Jain, Advocate for the petitioners.

Mr. Kirat Singh Sidhu, DAG, Punjab.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks quashing of FIR No.47 dated 3.8.2018 under Sections 406, 498-A IPC and Section 4 of Dowry Prohibition Act, Police Station Women, District Patiala and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 20.5.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get the statements recorded with regard to the genuineness of the compromise.

3.

Report of learned Judicial Magistrate Ist Class, Patiala has been received GAURAV SOROT 2019.08.28 17:29 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-23024-2019 wherein it has been reported that statements of the petitioners as well as of complainant have been recorded who have stated that they have compromised the matter and that complainant has no objection if the FIR is quashed. It has specifically been opined by learned Magistrate, Patiala that the compromise is genuine and has been effected voluntarily, without any threat or coercion.

4.

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 petition is allowed and FIR No.47 dated 3.8.2018 under Sections 406, 498-A IPC and Section 4 of Dowry Prohibition Act, Police Station Women, District Patiala and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners.

( GURVINDER SINGH GILL) 28.8.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.08.28 17:29 I attest to the accuracy and integrity of this document