Shivani Bhanot And ORS v. State Of Punjab And ANR

CRM-M-35896-2023 2023:PHHC:113282

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35896-2023 DATE OF DECISION :- 29.08.2023 Shivani Bhanot and others

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Lakhwinder Singh Mann, Advocate for the petitioners. Mr. Harpreet Singh, Additional Advocate General, Punjab. Dr. Hardeep Singh, Advocate for respondent No. 2. *** SANJIV BERRY, J.

This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of FIR No.190 dated 22.08.2022 under Sections 406, 420, 120-B IPC registered at Police Station Kapurthala, District Kapurthala (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 16.3.2023 (Annexure P2) executed between the parties. 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise dated 16.3.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Chief Judicial Magistrate, Kapurthala, vide report PARVINDER SINGH 2023.09.01 10:08 I attest to the accuracy and integrity of this document chandigarh

CRM-M-35896-2023 2023:PHHC:113282 dated 19.8.2023, has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. 3.

In view of the report of the Chief Judicial Magistrate, Kapurthala, and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant respondent No. 2 has himself compromised the dispute with the petitioners/ accused persons.

4.

In the circumstances, the present petition is allowed and the FIR No.190 dated 22.08.2022 under Sections 406, 420, 120-B IPC registered at Police Station Kapurthala, District Kapurthala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 29.08.2023 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2023.09.01 10:08 I attest to the accuracy and integrity of this document chandigarh