Gurdeep Kaur And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.38888 of 2020 Date of Decision : 19.03.2021 Gurdeep Kaur and others .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. Ankit Grewal, Advocate for the Petitioners.

Mr. Ramandeep Sandhu, Sr. Dy. Advocate General, Punjab for Respondent No.1/State.

None for Respondents No.2 to 5.

SUDIP AHLUWALIA, J. (ORAL) In this petition, the petitioners, who are the accused persons in F.I.R No.105, dated 22.06.2019, under Sections 447/506/511 read with Section 34 of the Indian Penal Code and Sections 25/27/54/59 of the Arms Act, registered at Police Station Pasyana, District Patiala (Annexure P-1), have prayed for quashing of F.I.R. with all subsequent proceedings arising therefrom, on the basis of compromise.

2.

Now Respondents No.2 to 5 have arrived at a settlement with the accused persons vide Compromise (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 Ld. Judicial Magistrate 1st Class, Patiala, vide report dated 25.01.2021 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

Respondents No.2 to 5 are not present nor they are represented DEEPAK KUMAR 2021.03.19 05:22 I attest to the accuracy and integrity of this document

CRM-M No.38888 of 2020 -2by their Counsel. However, they have made a statement on 19.01.2021, before the Judicial Magistrate 1st Class, Patiala, whereby they have admitted the factum of compromise with the accused persons and deposed that the compromise has been effected between them voluntarily and without any undue influence, coercion or pressure.

4.

In view of the report of the Ld. Judicial Magistrate 1st Class, Patiala, 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 Respondents No.2 to 5 have themselves compromised the dispute with the Petitioners/accused persons.

5.

In the circumstances, the present petition is allowed. F.I.R No.105, dated 22.06.2019, under Sections 447/506/511 read with Section 34 of the Indian Penal Code and Sections 25/27/54/59 of the Arms Act, registered at Police Station Pasyana, District Patiala (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the present Petitioners.

March 19, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2021.03.19 05:22 I attest to the accuracy and integrity of this document