High Court of Punjab and HaryanaCRM-M/25388/2019allowed

Gurcharan Singh v. State Of Punjab And Another

2019-08-22Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-25388-2019 (O&M) Date of Decision:-22.8.2019 Gurcharan Singh ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kanwaljeet Singh, Advocate for the petitioner. Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab. Mr. Jagdish Singh Mehal, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioner has approached this Court seeking quashing of FIR No.128 dated 16.11.2018 registered at Police Station PS Women, District Police Commissionerate Ludhiana under Section 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated 30.5.2019, 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 Judicial Magistrate 1st Class, Ludhiana has been received, wherein it has been reported that statements of petitioner/accused Gurcharan Singh and also of complainant Pooja have Pankaj Kakkar 2019.08.23 09:55 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-25388-2019 (O&M) been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed. The learned Judicial Magistrate 1st Class, 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.128 dated 16.11.2018 registered at Police Station PS Women, District Police Commissionerate Ludhiana under Section 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

22.8.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2019.08.23 09:55 I attest to the accuracy and integrity of this document