High Court of Punjab and HaryanaCRM-M/30065/2019allowed

Santokh Singh And Others v. State Of Punjab And Another

2019-12-04Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30065-2019 Date of decision:4.12.2019 SANTOKH SINGH AND ANOTHER .....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Zorawar Singh Chauhan, Advocate for the petitioners.

Ms. Ruchika Sabherwal, AAG, Punjab.

Mr. Jitender K. Sehrawat, Advocate for respondent No.2.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioners seek quashing of FIR No.102 dated 3.7.2008 under Sections 498-A, 323, 506 IPC, Police Station Nurmahal, District Jalandhar and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 18.7.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get the statements recorded with regard to the genuineness of the compromise.

GAURAV SOROT 2019.12.04 17:48 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-30065-2019 3.

Report of learned Judicial Magistrate 1st Class, Phillaur has been received, wherein it has been reported that statements of petitioners/accused and also of complainant-Parveen Kumari have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The complainant in her statement has specifically stated that she has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Phillaur has specifically opined that compromise has been effected between parties voluntarily and genuine one and same is without any pressure or coercion. 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 petition is allowed and FIR No.102 dated 3.7.2008 under Sections 498-A, 323, 506 IPC, Police Station Nurmahal, District Jalandhar and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. The parties shall remain bound by their statements.

( GURVINDER SINGH GILL) 4.12.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.12.04 17:48 I attest to the accuracy and integrity of this document