Kulbir Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36128-2019 Date of decision:05.12.2019 KULBIR SINGH AND OTHERS .....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. D.P.S. Bajwa, Advocate for the petitioners.

Ms. Rashmi Attri, AAG, Punjab.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioners seek quashing of FIR No.42 dated 5.5.2017 registered under Sections 406, 498-A IPC, Police Station Sadar Women, District Ludhiana and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 30.8.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get the statements recorded with regard to the genuineness of the compromise.

3.

Report of learned Judicial Magistrate 1st Class, Ludhiana has been GAURAV SOROT 2019.12.06 17:26 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-36128-2019 received, wherein it has been reported that statements of petitioners/accused and also of complainant-Ramandeep Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant in her statement has specifically stated that she has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Ludhiana has specifically opined that compromise effected between the complainant and accused has been effected voluntarily, without any threat or coercion and appears to be genuine one.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the petition is allowed and FIR No.42 dated 5.5.2017 registered under Sections 406, 498-A IPC, Police Station Sadar Women, District Ludhiana and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 05.12.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.12.06 17:26 I attest to the accuracy and integrity of this document