Parminder Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 13.05.2024 PARMINDER SINGH AND OTHERS ......PETITIONERS Vs.

STATE OF PUNJAB AND ANOTHER .........RESPONDENTS

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present:- Mr. Shiv Charan Bhola, Advocate, for the petitioners.



      Mr. Lovish Rattan, Advocate, for respondent No. 2.

***** HARPREET KAUR JEEWAN J. (ORAL) 1.

           

         



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   2.

Notice of motion in this case was already issued on 17.07.2023 and on that date, the parties were directed to appear before the learned trial Court for recording of their statements. The relevant part of the aforesaid order reads as under:- "xxx xxx xxx xxx

"Learned counsel for the petitioners, inter-alia, contends that the subject FIR had been got registered due to the dispute arisen out of some misunderstanding between the parties and now, due to the intervention of the respectables, the petitioners and respondent No.2-complainant have resolved/settled their dispute amicably.

Notice of motion.

Mr. Kunwarbir Singh, learned Assistant Advocate General, Punjab, who has appeared on behalf of respondent No.1-State in this case in pursuance of the copy of the present petition having been sent to this respondent in advance, accepts the notice.

At this stage, Mr. Lovish Rattan, Advocate, has also put in appearance on behalf of respondent No.2complainant in this case and has submitted his Memorandum of Appearance in the Court today and the same has been placed on the file. He accepts the notice on behalf of the said
 

 

       


    

    
  
    
  
 
 
 



  



 
 


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     24 3.

In compliance of the above order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone. As per the statement of the investigating officer, there are only three accused, i.e. the petitioners and only one aggrieved person, i.e. respondent No. 2-complainant in the case and all of them have made their statements qua the compromise. The petitioners have not been declared as Proclaimed Offenders. As per the statement of respondent No. 2-complainant, she has no objection if the present FIR against the present petitioners is quashed by this Court. In compliance of the previous order, dated 23.04.2024, a copy of decree of divorce has also been supplied by learned counsel for the petitioners in Court today. The same is taken on record. 4.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in "Narinder Singh and others vs. State of Punjab and another", (2014) 6 SCC 466, "Ramgopal and another Vs. State of Madhya Pradesh 2021"; SCC OnLine SC 834 and "Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others; (1980) 1 SCC 63 and Full Bench of this Court in"Kulwinder Singh Vs. State of Punjab 2007"; (3) RCR (Crl.)

1052, this petition is allowed and *+,-..%  

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5.

However, the respondent No.2-the complainant and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of $$

 

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6.

Pending miscellaneous application (s), if any, shall also stand disposed of.

May 13, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No