Sukhraj Kaur And Others v. State Of Punjab And Others

CRM-M-39032-2021 252 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39032-2021 Date of Decision: April 12, 2023 Sukhraj Kaur and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Vikasdeep Singh, Advocate for the petitioners. Mr. Gurpreet Singh Shergill, AAG, Punjab.

Mr. D.S. Randhawa, Advocate for respondent Nos.2 and 3. DEEPAK GUPTA , J.(Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.139 dated 03.07.2020, registered under Sections 420, 406 and 120-B of IPC, at Police Station Ghuman, Police District Batala, District Gurdaspur and all the subsequent proceedings arising therefrom qua the petitioners on the basis of compromise dated 11.09.2021 (Annexure P-2).

This Court vide order dated 21.09.2021 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate 1st Class, Batala and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 02.11.2021 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

Page no.1 out of 2 pages SARITA RANI 2023.04.13 05:48 I attest to the accuracy and integrity of this document/order

CRM-M-39032-2021 Complainant Respondent Nos.2 and 3, namely, Karnail Singh and Manjit Singh had made statement with regard to compromise before learned Magistrate on 04.10.2021.

Learned State counsel as well as learned counsel for respondent Nos.2 and 3 have not disputed the factum of compromise between the parties.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.139 dated 03.07.2020, registered under Sections 420, 406 and 120-B of IPC, at Police Station Ghuman, Police District Batala, District Gurdaspur and all the subsequent proceedings arising therefrom qua the petitioners on the basis of compromise dated 11.09.2021 (Annexure P-2), are hereby quashed. April 12, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No Page no.2 out of 2 pages SARITA RANI 2023.04.13 05:48 I attest to the accuracy and integrity of this document/order