Kanwalpreet Kaur @ Kawalpreet Kaur And ORS v. State Of Punjab And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.216 Case No. : Crl. Misc. No.M-46714 of 2021 Date of Decision : January 05, 2022 Kanwalpreet Kaur @ Kawalpreet Kaur and others ....
Petitioners vs.
State of Punjab and others ....
Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. (Through Video Conferencing) Present :
Mr. K.S. Lakhanpal, Advocate for the petitioners.
Mr. Luvinder Sofat, AAG, Punjab.
Mr. Anantdeep Sandhu, Advocate for respondents no.2 and 3.
* * * MANJARI NEHRU KAUL , J.
(Oral) :
The instant petition is for quashing of DDR No.40 dated 17.05.2021, lodged under Sections 323, 324, 452, 295, 379-B, 354, 354-B, 148, 149 IPC, registered at Police Station Dera Baba Nanak, District Gurdaspur (Annexure P-2), registered in case FIR No.38 dated 17.05.2021, under Sections 452, 326, 323, 34 IPC, registered at Police Station Dera Baba Nanak, District Gurdaspur (Annexure P-1) and the consequential proceedings arising out of the same, on the basis of compromise dated 25.09.2021 (Annexure P-3) arrived at between the parties. Learned counsel for the parties submit that it is a case of version and cross-version wherein both the parties received injuries at the hands of each other. However, subsequently, with the intervention of the respectables of the village, the parties amicably settled all their disputes. Vide order dated 08.11.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at between them.
MONIKA 2022.01.06 10:42 I attest to the accuracy and integrity of this document
Crl. Misc. No.M-46714 of 2021 : 2 :
Report has since been received from learned Judicial Magistrate Ist Class, Batala, 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 free will and respondents no.2 and 3 have also made statements to the effect that they would have no objection if the FIR/DDR qua the accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original, along with its report.
Learned State counsel, on instructions, submits that there are no other accused other than the petitioners and respondents no.2 and 3 are the only aggrieved persons in the DDR in question. Learned counsel appearing for respondents no.2 and 3 also does not dispute the factum of the compromise. In view of the report of the learned Judicial Magistrate Ist Class, Batala 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 a 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 DDR 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. January 05, 2022 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No MONIKA 2022.01.06 10:42 I attest to the accuracy and integrity of this document