Naveen Kumar And ORS v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-29844-2019 (O&M) Date of Decision:-25.11.2019 Naveen Kumar and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Piyush Sharma, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab. Ms. Amarpreet Kaur, Advocate for Mr. Nakul Sharma, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.4 dated 17.1.2018 registered at Police Station Jhabal, District Tarn Taran under Sections 323, 341 and 506 of Indian Penal Code, 1860, wherein offence under Section 354 IPC was added later on, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Vide order dated 16.7.2019, 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.

Report of learned Additional Chief Judicial Magistrate, Tarn Taran has been received, wherein it has been reported that statements of PANKAJ KAKKAR 2019.11.26 11:15 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-29844-2019 (O&M) petitioners/accused Naveen Kumar, Kamlesh Rani, Satpal, Vinay, Jujbir, Sahil Nanda and Satish Nanda and also of complainant Rimpy have been recorded to the effect that they have compromised the matter amongst themselves.

The complainant in her statement has stated that she has no objection in case the FIR in question is quashed. The learned Additional Chief Judicial Magistrate, Tarn Taran has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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.4 dated 17.1.2018 registered at Police Station Jhabal, District Tarn Taran under Sections 323, 341 and 506 of Indian Penal Code, 1860, wherein offence under Section 354 IPC was added later on and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

25.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.11.26 11:15 I attest to the accuracy and integrity of this document