Gulzar Singh And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-33003-2019 Date of decision:22.11.2019 GULZAR SINGH AND ANOTHER .....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Vivek K. Thakur, Advocate for the petitioners.

Ms. Aditi Girdhar, AAG, Haryana.

Mr. Gulshan Moudgil, Advocate for respondent No.2.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioners seek quashing of FIR No.27 dated 27.3.2018 under Section 498-A IPC, Police Station Begowal, District Kapurthala and proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 9.8.2019, 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 Sub-Divisional Judicial Magistrate, Bholath GAURAV SOROT 2019.11.22 17:33 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-33003-2019 (Kapurthala) has been received, wherein it has been reported that statements of petitioners/accused Gulzar Singh & Sukhwinder Singh and also of complainant Khuspal Singh @ Kushalpal Singh and his daughter Akvinder Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant & his daughter have specifically stated that they have no objection in case the FIR in question is quashed. 5.

The learned Sub-Divisional Judicial Magistrate, Bholath (Kapurthala) has specifically opined that compromise has been arrived in between the parties voluntarily without any pressure or coercion through the respectable of the locality.

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.27 dated 27.3.2018 under Section 498-A IPC, Police Station Begowal, District Kapurthala and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. ( GURVINDER SINGH GILL) 22.11.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.11.22 17:33 I attest to the accuracy and integrity of this document