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High Court of Punjab and HaryanaCRM-M/30964/2019allowed

Shamsher Singh And Another v. State Of Punjab And Another

2019-10-29Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30964-2019 Date of decision:29.10.2019 SHAMSHER SINGH AND ANOTHER .....Petitioners

Versus

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

Present:

Mr. Navkesh Singh Goraya, Advocate for the petitioners.

Ms. Rashmi Attri, AAG, Punjab.

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

The petitioners seek quashing of FIR No. 90 dated 6.10.2017 under Sections 406, 498-A of the Indian Penal Code, Police Station Women Ludhiana, District Ludhiana and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 22.7.2019 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.

Report of learned Judicial Magistrate Ist Class, Ludhaina has been GAURAV SOROT 2019.10.30 10:30 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-30964-2019 received wherein it has been reported that statements of the petitioners as well as of complainant have been recorded who have stated that they have compromised the matter and that complainant-Sarabjit Kaur has no objection if the FIR is quashed. It has specifically been opined by learned Magistrate that the compromise 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. 90 dated 6.10.2017 under Sections 406, 498-A of the Indian Penal Code, Police Station Women Ludhiana, District Ludhiana and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 29.10.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.10.30 10:30 I attest to the accuracy and integrity of this document