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High Court of Punjab and HaryanaCRM-M/38011/2024allowed

Sangeeta Mehra v. State Of Punjab And Another

2024-10-15Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-38011-2024 Date of decision: October 15th, 2024 Sangeeta Mehra .....Petitioner

Versus

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

Present:

Mr. Harmanpreet Singh, Advocate for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Mr. Parampal Singh, Advocate for Mr. Harinder Pal Singh, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of Criminal Complaint No.COMI/38/2015 under Sections 415, 420 and 467 of the IPC registered on 22.01.2015, now pending before the Court of JMIC, Amritsar, along with all consequential proceedings arising therefrom on the basis of compromise dated 18.09.2023 (Annexure P-1) 2.

Vide order dated 06.08.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 09.09.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Amritsar, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between PUNEET SACHDEVA 2024.10.15 12:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-38011-2024 -2the 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 free will and the complainant has also made statement to the effect that he would have no objection if the complaint qua the accused-petitioner is quashed. 4.

The trial Court has annexed the copies of the statements of the parties, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the complaint in question. 6.

In view of the report of the learned Judicial Magistrate Ist Class, Amritsar, and the principles laid down by Hon'ble 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 complaint and all consequential proceedings arising out of it, are quashed. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 15th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.10.15 12:57 I attest to the accuracy and integrity of this document Chandigarh