Dharamkriti @ Amarjit v. The State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-34648-2019 Decided on : 21.01.2020 Dharamkriti @ Amarjit . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: None for the petitioner(s).

Ms. Devaki Anand Sullar, Asstt. AG, Punjab assisted by ASI Sukhwinder Singh.

Mr. Pardeep Rajput, Advocate for respondents No.2 & 3.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition is for quashing of FIR No. 73, dated 03.05.2018, under Sections 363, 366-A IPC, registered at Police Station Sadar Jalandhar, District Police Commissionerate Jalandhar and the consequential proceedings arising out of the same, on the basis of compromise dated 01.08.2019 (Annexure P-2) executed between the parties as well as the affidavits dated 01.08.2019 (Annexures P-3 & P-4), executed by respondents No.2 & 3, respectively.

Vide order dated 26th August, 2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15th October, 2019 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from the learned ACJM, Jalandhar, in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and JAWALA RAM 2020.01.24 19:29 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-34648-2019 - 2 - confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that she would have no objection if the FIR qua the accused-petitioner is quashed. The trial Court has annexed the statements of the parties in original alongwith its report.

It has also been brought to the notice of the Court that the parties have since solemnized the marriage with each other and are living happily with each other.

Learned State counsel too submits that there are no other accused other than the petitioner and respondents No.2 & 3 are the only aggrieved person in the FIR in question.

In view of the report of the learned ACJM, Jalandhar 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. 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 January 21, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.01.24 19:29 I attest to the accuracy and authenticity of this document Chandigarh