Sunny Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30308-2019 Date of decision:1.10.2019 SUNNY SINGH AND OTHERs .....Petitioners

Versus

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

Present:

Mr. Nitin Rathour, Advocate for Mr. Brijeshwar Singh Bhalla, Advocate for the petitioners.

Mr. Kirat Singh Sidhu, DAG, Punjab.

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

The petitioners seek quashing of FIR No.199 dated 9.10.2018 under Sections 363, 366-A, 34 IPC, Police Station Ajnala, District Amritsar (Rural) and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 19.7.2019 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.

3.

Learned counsel for the petitioners has submitted that it is a case where GAURAV SOROT 2019.10.01 15:33 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-30308-2019 petitioner No.1-Sunny Singh had solemnized marriage with daughter of respondent No.2 against the wishes of respondent No.2 and on account of which the FIR came to be lodged. It has been submitted that later on the misunderstanding has been cleared and petitioner No.1 and daughter of respondent No.2 are residing together as husband and wife and as of now even the complainant has no objection in quashing of FIR. 4.

Report of learned Sub-Divisional Judicial Magistrate, Ajnala has been received wherein it has been reported that statements of the petitioners as well as of complainant-Lakha Masih have been recorded who have stated that they have compromised the matter and that complainant has no objection if the FIR is quashed. It has specifically been opined by learned Magistrate that the matter has been compromised with free and voluntary consent of complainant and the accused persons. 5.

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.199 dated 9.10.2018 under Sections 363, 366-A, 34 IPC, Police Station Ajnala, District Amritsar (Rural) and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 1.10.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.10.01 15:33 I attest to the accuracy and integrity of this document