Gurjant Singh And ANR v. State Of Punjab And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.227 Date of Decision: 02nd December, 2020.

Gurjant Singh & Another

...Petitioners

Versus

State of Punjab & Another

...Respondents

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Yashpal Thakur Advocate, for the petitioners.

Mr. M.S. Nagra, AAG, Punjab, for respondent No.1-State.

Mr. Gaurav Arora, Advocate, for respondent No.2-complainant.

* * * * * * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of this petition, the petitioners seek quashing of the FIR bearing No.0075 dated 18.07.2020, as registered against them at Police Station Mulepur, District Fatehgarh Sahib, under Sections 406 and 498-A of the Indian Penal Code, 1860 and all the consequential proceedings arising therefrom, on the basis of compromise dated 27.09.2020 (Annexure P-2).

2.

As per compromise Annexure P-2, complainant-Manpreet Kaur agreed to go to her matrimonial house. However, vide order dated 28.10.2020, the matter was referred to the Court below for recording of the

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statements of the parties with a direction to submit the report qua the veracity of the compromise arrived at between the parties. The Judicial Magistrate Ist Class, Fatehgarh Sahib, vide his report dated 23.11.2020, has apprised this Court that the parties, i.e the complainant as well as both the accused persons, i.e the present petitioners had made their respective statements to the effect that the compromise was effected by them out of their free consent and without any pressure and that the said compromise between the parties was voluntary and without any pressure. The statements of the parties so recorded by him, have also been annexed with the said report.

3.

Learned counsel for respondent No.2-complainant has also endorsed the factum of the compromise having been arrived at between the parties and he also informs the Court that in pursuance of the said compromise, the complainant is peacefully residing at her matrimonial home.

4.

Keeping in view all the afore-discussed facts and circumstances and in view of the observations made by 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 considered opinion that no useful purpose can be served by keeping the criminal proceedings, arising out of the said FIR, pending any more as the complainant has compromised/settled the dispute with the petitioners (the accused persons). 5.

As a sequel to the fore-going discussion, the present petition is allowed and the FIR bearing No.0075 dated 18.07.2020, as registered at

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Police Station Mulepur, District Fatehgarh Sahib, under Sections 406 and 498-A of the Indian Penal Code, 1860 and all the consequential proceedings arising therefrom, are hereby quashed qua the present petitioners.

(MEENAKSHI I. MEHTA) JUDGE 02.12.2020.

seema Whether speaking/reasoned?

Yes/No Whether Reportable?

Yes/No