Mandeep Kaur v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-29781-2020 Date of Decision : 17.02.2021 Mandeep Kaur .....Petitioner

Versus

State of Punjab and another .....Respondents CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. Gurminder S. Salana, Advocate for the Petitioner.

Mr. B.S. Sewak, Addl. Advocate General, Punjab for Respondent No.1/State.

Mr. Fariad S. Virk, Advocate for the Complainant/Respondent No.2.

SUDIP AHLUWALIA, J. (ORAL) In this petition, the Petitioner, who is the accused in F.I.R No.26, dated 01.02.2020, under Sections 420, 120-B of the Indian Penal Code, 1860 registered at Police Station Kotwali Bathinda, District Bathinda (Annexure P-1), has prayed for quashing of F.I.R. with all subsequent proceedings pending therefrom, on the basis of compromise. 2.

Now the Complainant has arrived at a settlement with the accused vide Panchayati Compromise (Annexure P-2), which is duly signed by him. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Ld. Chief Judicial Magistrate, Bathinda, vide report dated 29.10.2020 has apprised this Court DEEPAK KUMAR 2021.02.17 02:39 I attest to the accuracy and integrity of this document

CRM-M-29781-2020 -2that the compromise arrived at between the parties is genuine and without any pressure.

3.

Respondents No. 2 is represented by his Counsel who does not dispute the factum of compromise.

4.

In view of the report of the Ld. Chief Judicial Magistrate, Bathinda, and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the Complainant has himself compromised the dispute with the Petitioner/accused.

5.

In the circumstances, the present petition is allowed. F.I.R No.26, dated 01.02.2020, under Sections 420, 120-B of the Indian Penal Code, 1860 registered at Police Station Kotwali Bathinda, District Bathinda (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the Petitioner.

February 17, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2021.02.17 02:39 I attest to the accuracy and integrity of this document