Gurinder Singh And ORS. v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-32364 of 2020 (O&M) Date of Decision: April 15, 2021 Gurinder Singh and others

...Petitioners

VERSUS

State of Punjab and another

...Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Paras Jagga, Advocate, for the petitioners. Mr.Dhruv Dayal, Sr.DAG, Punjab for the respondent-State.

None for respondent No.2.

**** ARCHANA PURI, J.

The matter has been taken up through video conferencing in the light of the COVID-19 pandemic.

Petitioners have invoked inherent jurisdiction of this Court by way of filing petition under Section 482 Cr.P.C., thereby making a prayer for quashing of FIR No.20 dated 21.02.2015, under Sections 406 and 498-A IPC, registered at Police Station Women, District Ludhiana and all subsequent proceedings arising therefrom, on account of compromise having been effected between the parties.

It is submitted that written compromise has been effected between the parties on 13.02.2020, which has been annexed as Annexure P2. It is also submitted that in consonance of the direction earlier given by this Court, the parties made appearance before the lower Court and got recorded their statements regarding arrival of the compromise, voluntarily VINEET GULATI 2021.04.15 15:44 I attest to the accuracy and integrity of this document

CRM No.M-32364 of 2020 -2and without any coercion and undue influence. Repot to this effect has also been received from the concerned Judicial Magistrate Ist Class. After hearing the learned counsel and also going through the record of the case, this Court is of the considered opinion that it is a fit case for exercising the inherent jurisdiction of this Court under Section 482 Cr.P.C., so as to secure the ends of justice, because the parties have arrived at an settlement, out of the Court, by way of compromise. The compromise, so reached between the parties is voluntarily made without any pressure or undue influence on the minds of any of the parties. In view of the same, the continuation of the criminal proceedings would be futile exercise resulting in sheer abuse of the process of law.

To so conclude, reliance is placed upon "Kulwinder Singh and others Vs. State of Punjab and another", 2007(3) RCR (Criminal) 1052, upheld by Hon'ble Apex Court in "Gian Singh Vs. State of Punjab and others", (2012) 10 SCC 303.

Considering the aforesaid fact situation of the case, coupled with the reasons aforementioned and to secure the ends of justice, FIR No.20 dated 21.02.2015, under Sections 406 and 498-A IPC, registered at Police Station Women, District Ludhiana and all subsequent proceedings arising therefrom, are ordered to be quashed. Accordingly, the present petition stands allowed. (ARCHANA PURI) April 15, 2021 JUDGE Vgulati Whether speaking/reasoned Yes Whether reportable Yes/No VINEET GULATI 2021.04.15 15:44 I attest to the accuracy and integrity of this document