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High Court of Punjab and HaryanaCRM-M/43741/2021allowed

Narinder Singh v. State Of Punjab And Others

2022-02-07Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-43741-2021 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43741-2021 Date of Decision: 07.02.2022 Narinder Singh .........................................Petitioner

Versus

State of Punjab and others ......................... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

(through video conferencing)

Present:

Mr. J.S.Warring, Advocate, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

Ms. Manjeet Kaur, Advocate for respondents No. 2 and 3.

...

MANJARI NEHRU KAUL, J. (Oral) Prayer in the instant petition is for quashing of FIR No.0006 dted 23.01.2020 under Sections 498-A, 406 IPC registered at Women Police Station, District Bathinda, along with all consequential proceedings arising therefrom on the basis of compromise dated 01.10.2021 arrived at between the parties before the court of learned ASJ, Bathinda (Annexure P2). Vide order dated 06.12.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 06.01.2022 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from learned Judicial RUPINDER KAUR 2022.02.07 17:11 I attest to the accuracy and integrity of this document Magistrate, Ist Class, Bathinda, in pursuance to the direction of this Court,

CRM-M-43741-2021 [ 2 ] wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is genuine, without any pressure, coercion or undue influence. The complainants have also made statements to the effect that they would have no objection if the FIR qua the accusedpetitioners is quashed. The trial Court has annexed the statements of the parties in original, alongwith its report.

Learned State counsel, on instructions from ASI Tasvir Singh, too submits that there are no other accused other than the petitioners and respondents No.2 and 3 are the only aggrieved persons in the FIR in question.

In view of the report of the learned Judicial Magistrate, Ist Class, Bathinda, 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 Narinder Singh and others Vs. State of Punjab and another, 2014(2) RCR (Criminal) 482, the instant petition is allowed. The aforesaid FIR along with 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) 07.02.2022 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2022.02.07 17:11 I attest to the accuracy and integrity of this document