Avtar Singh And ANR v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-42136-2020 Date of Decision : 19.03.2021 Avtar Singh and another .....Petitioners

Versus

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

Mr. Hardeep Singh, Advocate for the Petitioners.

Mr. Ramandeep Sandhu, Sr. DAG, Punjab for Respondent No.1/State.

Ms. Montu Bala, Advocate for the Complainant/Respondent No.2.

SUDIP AHLUWALIA, J. (ORAL) In this petition, the Petitioner, who are the accused persons in F.I.R. No.22, dated 28.02.2020, under Sections 379 and 120-B of the Indian Penal Code, 1860 (for short, 'the IPC') (Section 411 of the IPC added later on) registered at Police Station Bhadson, 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 the Complainant has arrived at a settlement with the accused vide Compromise (Annexure P-2), which is duly signed by her. 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, Nabha, DEEPAK KUMAR 2021.03.19 05:22 I attest to the accuracy and integrity of this document

CRM-M-42136-2020 -2vide report dated 03.02.2021 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. 3.

Respondents No. 2 is represented by her Counsel who does not dispute the factum of compromise.

4.

In view of the report of the Ld. Judicial Magistrate 1st Class, Nabha, 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 the Complainant has herself compromised the dispute with the Petitioners/accused persons. 5.

In the circumstances, the present petition is allowed. F.I.R. No.22, dated 28.02.2020, under Sections 379 and 120-B of the IPC (Section 411 of the IPC added later on) registered at Police Station Bhadson, 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