High Court of Punjab and HaryanaCRM-M/27841/2020allowed

Kulwinder Kaur And ANR v. State Of Punjab And ORS

2020-12-09Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-27841-2020 (O&M) Date of Decision:-9.12.2020 Kulwinder Kaur and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. S.P. Soi, Advocate for the petitioners.

Mr. A.P.S. Gill, DAG, Punjab.

Mr. A.S.Gagrha, Advocate for respondents No. 2 & 3. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J .(Oral)

1. The petitioners have approached this Court seeking quashing of FIR No.187 dated 5.11.2019 registered at Police Station Mehatpur, District Jalandhar Rural under Sections 406/420/120-B IPC and Section 13 of the Punjab Travel Professionals (Regulations) Act, 2014 all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2. Vide order dated 28.9.2020, 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.

3. Report of learned Judicial Magistrate First Class, Nakodar has been received, wherein it has been reported that statements of petitioners/accused KAMAL KUMAR 2020.12.09 18:28 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-27841-2020 (O&M) Kulwinder Kaur and Amarjit Singh @ Hari Amarjit Chand and also of complainants Parkash Singh and Balveer Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4. The complainants in their joint statement has stated that they have no objection in case the FIR in question is quashed.

5. The learned Judicial Magistrate First Class, Nakodar has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

6. 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.187 dated 5.11.2019 registered at Police Station Mehatpur, District Jalandhar Rural under Sections 406/420/120-B IPC and Section 13 of the Punjab Travel Professionals (Regulations) Act, 2014 and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners. 9.12.2020 ( Gurvinder Singh Gill ) kamal Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No KAMAL KUMAR 2020.12.09 18:28 I attest to the accuracy and integrity of this document