Prem Rani And ORS v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-51530-2018 (O&M) Date of Decision:-24.1.2020 Prem Rani and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Liaqat Ali, Advocate for the petitioners. Mr. Saurav Khurana, Deputy Advocate General, Punjab. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.241 dated 17.10.2017 registered at Police Station Division 5, District Police Commissionerate Ludhiana under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

On the last date of hearing, this Court had adjourned the matter so as to enable the learned counsel for the petitioners to apprise this Court as to whether in terms of compromise the accused have executed a transfer deed or not.

Today, the learned counsel for the petitioners has furnished a photocopy of transfer deed dated 21.1.2019, as per which Dewan Chand and PANKAJ KAKKAR 2020.01.27 10:18 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-51530-2018 (O&M) Kuldeep Rai Verma have transferred land measuring 304 Sq.Yds. in favour of Kuldeep Kaur (respondent No.2).

Vide order dated 22.11.2018, 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.

Report of learned Additional Chief Judicial Magistrate, Ludhiana has been received, wherein it has been reported that statements of petitioners/accused Prem Rani, Devansh Verma, Kuldeep Rai Verma and Anil Kumar and also of complainant Kuldeep Kaur have been recorded to the effect that they have compromised the matter amongst themselves. The complainant in her statement has stated that she has no objection in case the FIR in question is quashed. The learned Additional Chief Judicial Magistrate, Ludhiana has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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.241 dated 17.10.2017 registered at Police Station Division 5, District Police Commissionerate Ludhiana under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 24.1.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.01.