High Court of Punjab and HaryanaCRM-M/31888/2019allowed

Sumit Mittal v. State Of Punjab And Another

2019-11-14Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-31888-2019 (O&M) Date of Decision:-14.11.2019 Sumit Mittal ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioner.

Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by ASI Karamvir Singh.

***** GURVINDER SINGH GILL, J .(Oral) The petitioner has approached this Court seeking quashing of FIR No.308 dated 30.12.2015 registered at Police Station Dera Bassi, District SAS 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. Vide order dated 26.7.2019, 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.

Report of learned Sub Divisional Judicial Magistrate, Dera Bassi has been received, wherein it has been reported that statements of petitioner/accused Sumit Mittal and also of complainant Aanchal Gupta @ PANKAJ KAKKAR 2019.11.14 17:54 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-31888-2019 (O&M) Aanchal Mittal have been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed. The complainant has specifically stated that now she is residing with her husband.

The learned Sub Divisional Judicial Magistrate, Dera Bassi has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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.308 dated 30.12.2015 registered at Police Station Dera Bassi, District SAS Nagar under Sections 406 and 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

14.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.11.14 17:54 I attest to the accuracy and integrity of this document