Sandeep Kumar v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30315-2019 Date of decision:2.9.2019 SANDEEP KUMAR .....Petitioners

Versus

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

Present:

Mr. Judgepreet Singh Warring, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

Mr. Impinder Singh Dhaliwal, Advocate for respondent No.2.

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

The petitioner seeks quashing of FIR No.109 dated 16.5.2019 under Sections 376, 385, 506 IPC, Police Sation City Kapurthala, District Kapurthala and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 5.8.2019 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 2019.09.03 14:10 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-30315-2019 3.

Report of learned Chief Judicial Magistrate, Kapurthala has been received wherein it has been reported that statements of the petitioners as well as of complainant-Sumanjeet Kaur 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 Chief Judicial Magistrate, Kapurthala that the compromise between both the parties is genuine, voluntary and without any coercion or undue influence.

4.

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.109 dated 16.5.2019 under Sections 376, 385, 506 IPC, Police Sation City Kapurthala, District Kapurthalacand all the consequent proceedings arising therefrom are hereby quashed qua the petitioners.

( GURVINDER SINGH GILL) 2.9.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.09.03 14:10 I attest to the accuracy and integrity of this document