Sheetal Sondhi And ORS v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-30145-2021 Decided on : 13.01.2023 Sheetal Sondhi and others ...... Petitioners

Versus

State of Punjab & others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Umesh Kumar Kanwar, Advocate for the petitioners.

Mr. Amit Rana, Sr. DAG, Punjab.

Mr. R.S.Dadwal Advocate for respondents No.2 to 4.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.90 dated 08.05.2018 under Sections 323, 341, 148 and 149 IPC registered at Police Station Division No.5, District Jalandhar and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 13.06.2018 (Annexure P-3) arrived at, between the parties.

Vide order dated 12.10.2022 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 17.11.2022 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 09.01.2023 has since been received from the learned JMIC, Jalandhar in pursuance to the direction of this Court. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial SONIA BURA 2023.01.16 16:18 I attest to the accuracy and integrity of this document

CRM-M-30145-2021 -2Court has annexed the photocopies of the statements of the parties alongwith its report.

Learned State counsel also submits that there are no other accused other than the petitioners and respondents No.2 to 4 are the only aggrieved persons in the FIR in question.

In view of the report of the learned JMIC, Jalandhar and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 13.01.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.01.16 16:18 I attest to the accuracy and integrity of this document