Kuldeep Singh And ANR v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-23057-2019 (O&M) Date of Decision:-16.12.2019 Kuldeep Singh and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Shikha Singla, Advocate with Mr. Manish Kumar Singla, Advocate for the petitioners. Ms. Ruchika Sabherwal, Assistant Advocate General, Punjab. Mr. Sumeet S. Sandhu, Advocate for Mr. Gagneshwar Walia, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.89 dated 12.8.2018 registered at Police Station Sadar Kurali, District SAS Nagar (Mohali) under Sections 406 and 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 19.9.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Kharar has been received, wherein it has been reported that statements of petitioners/accused Kuldeep PANKAJ KAKKAR 2019.12.16 17:03 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-23057-2019 (O&M) Singh and Amrik Singh and also of complainant Sandeep Kaur have been recorded to the effect that they have compromised the matter amongst themselves with the intervention of respectables. 4.

The complainant in her statement has stated that she has no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Kharar has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

6.

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 present petition is allowed and FIR No.89 dated 12.8.2018 registered at Police Station Sadar Kurali, District SAS Nagar (Mohali) under Sections 406 and 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

16.12.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.12.16 17:03 I attest to the accuracy and integrity of this document