Jasvir Kaur And Another v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-30791-2019 (O&M) Date of Decision:-16.12.2019 Jasvir Kaur and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amandeep Saini, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab. Mr. I.S. Dhaliwal, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.0099 dated 17.7.2017 registered at Police Station Rahon, District SBS Nagar under Sections 406 and 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 9.10.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, SBS Nagar has been received, wherein it has been reported that statements of petitioners/accused Jasvir Kaur and Chaman Lal and also of complainant Seema Rani have been PANKAJ KAKKAR 2019.12.17 13:43 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-30791-2019 (O&M) recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant in her statement has stated that she has no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, SBS Nagar has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 6.

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 present petition is allowed and FIR No.0099 dated 17.7.2017 registered at Police Station Rahon, District SBS Nagar under Sections 406 and 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

16.12.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.12.17 13:43 I attest to the accuracy and integrity of this document