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High Court of Punjab and HaryanaCRM-M/24108/2019allowed

Pushpa Mishra And Another v. State Of Punjab And Another

2019-10-23Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-24108-2019 Date of Decision:-23.10.2019 PUSHPA MISHRA AND ANOTHER ... Petitioners

Versus

STATE OF PUNJAB AND ANOTHER ... Respondents *****

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL ***** Present:- Mr. Sanjiv Gupta, Advocate for the petitioners.

Ms. Ruchika Sabherwal, AAG, Punjab for respondent No.1.

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

The petitioners have approached this Court seeking quashing of the FIR No.39 dated 5.6.2015 under Sections 406, 498-A, 377 IPC, Police Station Women, Patiala on the ground that the parties have amicably resolved their issues.

2.

Learned counsel has submitted that in fact pursuant to the said compromise, statement of the complainant had been recorded by the Court of learned Additional Sessions Judge, Patiala on 20.3.2019 (Annexure P-12) wherein she categorically stated that she has compromised the matter with her GAURAV SOROT 2019.10.24 15:39 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-24108-2019 husband Sanjiv Kumar Mishra as well as her parents-in-law. The learned counsel has informed that pursuant to aforesaid compromise and aforesaid statement, the husband of the complainant i.e. Sanjiv Kumar Mishra had filed a separate petition i.e. quashing of FIR bearing CRM-M-8997-2019, which was accepted and vide order dated 1.5.2019, the FIR was quashed qua the petitioners. The learned counsel has further submitted that pursuant to a compromise, the complainant is residing together and that all the issues stands fully resolved.

3.

In view of the aforestated position, wherein this Court finds that complainant has categorically stated in her statement recorded on 20.3.2019, the matter stands resolved and in fact in view of compromise, the FIR in question has already been quashed qua co-accused i.e. husband of the complainant, the present petition also deserves to be accepted. Consequently, the petition is allowed and FIR No.39 dated 5.6.2015 under Sections 406, 498-A, 377 IPC, Police Station Women, Patiala is quashed qua the petitioners.

( GURVINDER SINGH GILL) 23.10.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.10.24 15:39 I attest to the accuracy and integrity of this document