High Court of Punjab and HaryanaCRM-M/9072/2017allowed

Jaskaran Singh And ANR v. State Of Punjab And ANR

2017-05-26Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-9072-2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-9072-2017 Date of decision : 26.05.2017 Jaskaran Singh & anr.

......Petitioners versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sidharth Gupta, Advocate for the petitioner Mr. Jaspreet Sekhon, AAG, Punjab Ms. Naina Issar, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 52 dated 09.05.2015 under Sections 354/323/34 IPC, registered at Police Station Dayalpura, District Bathinda, is being sought on the basis of compromise deed dated 06.03.2017 (Annexure P-2) The allegation against the petitioners is that they entered the house of the complainant with an evil intention and made an attempt to open the salwar. On raising noise, the husband of the complainant came and made an attempt to save the complainant but the accused thrown him by giving push blow. Thereafter, one Karamjeet Kaur came there and gave a dang blow to the complainant on head.

However, at the stage of investigation, the matter has now been duly compromised, on the basis of compromise deed dated 06.03.2017 (Annexure P-2) In compliance of order dated 17.03.2017, report dated GAURAV ARORA 2017.06.12 12:58 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-9072-2017 07.04.2017 of Judicial Magistrate 1st Class, Phul has been received in this regard. As per report, separate statement of the complainant and petitioners had been recorded and they stated that the matter has been duly compromised between them. The compromise has been entered voluntarily. The complainant has no objection if the F.I.R be quashed against the petitioner. The compromise is without any pressure, influence or coercion. Consequently, in view of the status report dated 07.04.2017 and in view of the judgment of the Hon'ble Supreme Court in cases of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No. 52 dated 09.05.2015 under Sections 354/323/34 IPC, registered at Police Station Dayalpura, District Bathinda, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

26.05.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.06.12 12:58 I attest to the accuracy and integrity of this document Chandigarh