Yogita Kapoor @ Mona Dhawan v. State Of Punjab And Another

CRM-M-41231-2021 -12023:PHHC:055897

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-41231-2021 Decided on : 20.04.2023 Yogita Kapoor @ Mona Dhawan and another ...... Petitioners

Versus

State of Punjab & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. G.S.Bhinder, Advocate for Mr. S.K.Choudhary, Advocate for the petitioners.

Mr. Amit Rana, Sr. DAG, Punjab.

Mr. P.K.Kishanpuri, Advocate for Mr. S.K.Arya, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

1.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.103 dated 25.05.2021 under Sections 380, 457 IPC registered at Police Station Shahpurkandi, District Pathankot and all the subsequent proceedings arising out of the same, on the basis of compromise dated 07.09.2021 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 25.01.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 20.03.2023 to get their statements recorded regarding the compromise arrived at, between them. 3.

Report dated 29.03.2023 has since been received from the learned CJM, Pathankot in pursuance of the direction of this Court. As per the report, SONIA BURA 2023.04.21 10:18 I attest to the accuracy and integrity of this document

CRM-M-41231-2021 -22023:PHHC:055897 compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the photocopy of the statements of the parties alongwith its report. 5.

Learned State counsel also submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned CJM, Pathankot and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed qua the petitioners. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 20.04.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.04.21 10:18 I attest to the accuracy and integrity of this document