Jyoti Aneja v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-30704-2020 (O&M) Date of Decision:-12.11.2020 Jyoti Aneja ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vipin Kumar, Advocate for the petitioner. Mr. Avtar Singh Sandhu, Addl. A.G., Punjab.

Mr. Arjun Kundra, Advocate for respondent No.2/complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioner has approached this Court seeking quashing of Kalandra/DDR No.25 dated 26.10.2016 registered at Police Station Sahnewal, District Ludhiana, Punjab under Section 66 of Punjab Police Act, 2007 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

The learned State counsel has submitted that this is infact a matter in which the State of Punjab is the aggrieved party inasmuch as a Kalandra in terms of Section 66 of Punjab Police Act, 2007 was instituted. 3.

Vide order dated 1.10.2020, the parties had been directed to appear before the Duty Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

PANKAJ KAKKAR 2020.11.12 19:45 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-30704-2020 (O&M) 4.

Report of learned Judicial Magistrate 1st Class, Ludhiana has been received, wherein it has been reported that the statements of petitioner/accused Jyoti Aneja and also of complainant Parveen Kumar have been recorded to the effect that they have compromised the matter amongst themselves. 5.

The complainant Parveen Kumar in his statement has stated that he has no objection in case the FIR in question is quashed. 6.

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. 7.

As regard contention of the learned State counsel, this Court finds that the matter infact arises out of a matrimonial discord, which has amicably been resolved amongst the parties. In these circumstances, it will be in the interest of both the parties that all the proceedings arising out of the matrimonial discord are dropped.

8.

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 Kalandra/DDR No.25 dated 26.10.2016 registered at Police Station Sahnewal, District Ludhiana, Punjab under Section 66 of Punjab Police Act, 2007 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

12.11.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.11.12 19:45 I attest to the accuracy and integrity of this document