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High Court of Punjab and HaryanaCRM-M/34625/2024allowed

Gagandeep Kaur v. State Of Punjab And ANR

2024-08-12Mr. Justice Sanjiv Berry2 pages

CRM-M-34625-2024 (O&M) -1- 

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-34625-2024 (O&M) Date of Decision:- 12.08.2024 GAGANDEEP KAUR ....Petitioner(s)

Versus

STATE OF PUNJAB AND ANR

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Tarun, Advocate for Mr. S.S. Bhinder, Advocate for the petitioner. Mr. Japjot Singh, AAG Punjab.

Ms. Indira, Advocate for respondent No.2.

***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR (Annexure P1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 02.07.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 29.04.2024 380 IPC (411 IPC added later on) Sarabha Nagar, Police Commissionerate, District Ludhiana 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 02.07.2024 (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 SANDAL SHARMA 2024.08.14 18:30 I attest to the accuracy and authenticity of this order/judgment

CRM-M-34625-2024 (O&M) -2-  parties. The learned Chief Judicial Magistrate, Ludhiana vide report dated 08.08.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioner has also deposited the cost of Rs.10,000/- in compliance to the order dated 22.07.2024.

3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the learned Chief Judicial Magistrate, Ludhiana 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 the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons.

5.

In the circumstances, the present petition is allowed. FIR No.48 dated 29.04.2024, under Sections 380 IPC (411 IPC added later on) registered at Police Station Sarabha Nagar, Police Commissionerate, District Ludhiana (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner.

(SANJIV BERRY) JUDGE 12.08.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No SANDAL SHARMA 2024.08.14 18:30 I attest to the accuracy and authenticity of this order/judgment