Amanjit v. State Of Punjab And Another

   

       




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 ! " $  , -! $.%  /  01'2 .3 [1] The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.127 dated 27.06.2021, under Sections 406 and 498-A IPC, registered at Police Station Sadar Khanna, District Ludhiana (Annexure P-1), on the basis of compromise dated 07.02.2023 (Annexure P-2) between the parties. [2] It is contended on behalf of the petitioner that the matter has been compromised between the parties. Both the parties have no grudges against each other and respondent No.2-complainant has no objection if the present FIR is quashed. Th%) "#$%% & .%/ &%#$  ,       )##'' " #& . !0#% %.

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)##..%&%#$  ,  [3] Learned counsel appearing on behalf of respondent No.2-complainant has confirmed the factum of compromise between the parties. [4] On 06.11.2023, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of their statements regarding the compromise. [5] The report dated 20.11.2023 of the Judicial Magistrate, Ist Class, Khanna through the District & Sessions Judge, Ludhiana, has been received. As per said report, the compromise between the parties is genuine. The relevant portion of the said report reads as under:



   

   

  

    

     

 

    

  

   

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         .9 [6] Learned State counsel has not raised any objection regarding the acceptance of the present petition.

[7] Hon'ble the Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, has held that the High Court has power under Section 482 Cr.P.C. to allow the compounding of noncompoundable offences and quash the proceeding where the High Court is of the opinion that it is required to prevent the abuse of process of law or otherwise to secure the ends of justice.

[8] Since the matter has been settled between the parties, the parties have no grudges against each other and respondent No.2-complainant has no objection if the present FIR is quashed, as such, this Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.

[9] Consequently, this petition is allowed and FIR No.127 dated 27.06.2021, under Sections 406 and 498-A IPC, registered at Police Station Sadar Khanna, District Ludhiana (Annexure P-1) and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioner. [10] However, the respondent No.2-complainant and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise dated 07.02.2023 (Annexure P-2) are violated. [11] Pending miscellaneous application (s), if any, shall also stand disposed of.

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