Manjit Kaur @ Veero And ANR v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:131978 CRM-M-26982-2023 Date of decision: October 11th, 2023 Manjit Kaur @ Veero and another .....Petitioners

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. B.D. Sharma, Advocate for the petitioners.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. None for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The prayer in the present petition filed under Section 482 Cr.P.C. is for quashing of FIR No.371 dated 28.11.2020 under Sections 336, 506, 148, 149 IPC and Sections 25 and 27 of the Arms Act, 1959, registered at Police Station Ajnala, District Amritsar Rural along with all subsequent proceedings arising therefrom on the basis of compromise dated 19.04.2023 (Annexure P-2) arrived at between the parties.

2.

Vide order dated 26.05.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Sub Divisional Judicial Magistrate, Ajnala, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived PUNEET SACHDEVA 2023.10.11 15:07 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-26982-2023 -2at between the parties stands verified and confirmed. 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 and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Sub Divisional Judicial Magistrate, Ajnala, 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 11th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.10.11 15:07 I attest to the accuracy and integrity of this document.

Chandigarh