High Court of Punjab and HaryanaCRM-M/31304/2021allowed

Harpreet Singh Chahal Through Special Power Of Attorney Bhupinder Singh v. State Of Punjab And Others

2021-10-04Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31304-2021 Decided on : 04.10.2021 Harpreet Singh Chahal through Special power of attorney Bhupinder Singh ...... Petitioner

Versus

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

Mr. A.S.Sekhon, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Vikas Sonak, Advocate for the complainant.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.120 dated 11.07.2020 under Sections 498-A, 377, 354-C, 385, 506 IPC and Section 67 of IT Technology Act, 2000 registered at Police Station City Kotakpura, District Faridkot and all the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioner submits that subsequent to the registration of the FIR in question, matter has been amicably resolved between the parties and the complainant-wife is living with the petitioner in the matrimonial home.

Vide order dated 05.08.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 03.09.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

SONIA BURA 2021.10.04 17:02 I attest to the accuracy and integrity of this document chandigarh

CRM-M-31304-2021 (O&M) -2Report dated 11.09.2021 has since been received from the JMIC, Faridkot 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 Court has annexed the photocopies of the statement of the parties alongwith its report.

Learned State counsel also submits that there are no other accused other than the petitioner and the respondent is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Faridkot 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(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 04.10.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.10.04 17:02 I attest to the accuracy and integrity of this document chandigarh