High Court of Punjab and HaryanaCRM-M/32562/2021disposed of

Gursewak Singh v. State Of Punjab And Another

2022-09-15Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-32562-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32562-2021 Date of Decision: September 15, 2022 Gursewak Singh .....Petitioner

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.PKS Phoolka, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) Instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.35, dated 09.04.2021, under Section 376 IPC, registered at Police Station Cantt., Bathinda, District Bathinda alongwith all subsequent proceedings arising therefrom qua the petitioner on the basis of compromise, dated 27.07.2021, Annexure P-2.

It has been submitted by counsel for the petitioner that petitioner and the prosecutrix both are of the age of majority and are in a consensual relationship. He has submitted that thereafter, due to some differences between both of them, the present FIR was lodged alleging therein that the petitioner established physical relations with the prosecutrix on the promise of the marriage. He has submitted that now both the parties have duly resolved their differences and they have arrived at a compromise. He has submitted that no case for offence under Section 376 IPC is made out in the facts and circumstances of the case.

Notice of motion.

MEENU 2022.09.16 13:21 I attest to the accuracy and authenticity of this order/judgment

CRM-M-32562-2021 -2On the asking of the Court, Mr.Sandeep Kumar, DAG, Punjab, who is present in Court, accepts notice on behalf of the respondent/State and submits that the matter is under investigation. Heard.

A perusal of the FIR shows that the same was registered on 09.04.2021. Hence, respondent-State is directed to complete the investigation in accordance with law, keeping in view the facts and circumstances of this case, within a month from today. Disposed of accordingly.

September 15, 2022 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2022.09.16 13:21 I attest to the accuracy and authenticity of this order/judgment