Deepak @ Deep Mehra v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-34725-2019 Decided on : 24.01.2020 Deepak @ Deep Mehra . . . Petitioner(s)
Versus
State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Prabhjot Singh Bedi, Advocate for the petitioner(s).
Ms. Devaki Anand Sullar, Asstt. AG, Punjab.
Mr. Vishesh Dogra, Advocate for respondents No.2 & 3.
**** MANJARI NEHRU KAUL , J. (Oral) The instant petition is for quashing of FIR No. 503, dated 07.12.2017, lodged under Sections 363, 366-A IPC, registered at Police Station Jodhewal, District Ludhiana and the consequential proceedings arising out of the same, on the basis of compromise deed dated 03.04.2019 (Annexure P-2) arrived at, between the parties. Vide order dated 26th August, 2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 18th October, 2019 to get their statements recorded regarding the compromise arrived at, between them.
Report has since been received from the learned JMIC, Ludhiana, in pursuance to the direction of this Court, 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 without any pressure or coercion and out of their JAWALA RAM 2020.01.28 18:05 I attest to the accuracy and authenticity of this document Chandigarh free will and the complainant has also made statement to the effect that she
CRM-M-34725-2019 - 2 - would have no objection if the FIR qua the accused-petitioner is quashed. The trial Court has annexed the photocopies of the statements of the parties, alongwith its report.
It has also been brought to the notice of the Court that the petitioner and respondent No.1 are married and are living happily with each other.
Learned State counsel too submits that there are no other accused other than the petitioner and the respondents are the only aggrieved person in the FIR in question.
In view of the report of the learned JMIC, Ludhiana 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 24, 2020 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No JAWALA RAM 2020.01.28 18:05 I attest to the accuracy and authenticity of this document Chandigarh