Tej Kaur And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-28343-2020 (O&M) Date of Decision:-16.12.2020 Tej Kaur and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Abhimanyu Kalsy, Advocate for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. Abhishek Goyal, Advocate, for respondent No.2/complainant.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.236 dated 25.11.2017 registered at Police Station Maur, District Bathinda under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code and Section 82 of Registration Act, 1908 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 17.9.2020, 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.

PANKAJ KAKKAR 2020.12.16 19:56 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-28343-2020 (O&M) 3.

Report of learned Judicial Magistrate 1st Class, Talwandi Sabo has been received, wherein it has been reported that the statements of petitioners/accused Tej Kaur, Paramjit Kaur and Gurjeet Singh and also of complainant Bikkar Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant Bikkar Singh in his statements has stated that he has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Talwandi Sabo 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.236 dated 25.11.2017 registered at Police Station Maur, District Bathinda under Sections 420, 465, 467, 468, 471 and 120-B of Indian Penal Code and Section 82 of Registration Act, 1908 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 16.12.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.12.16 19:56 I attest to the accuracy and integrity of this document