Radhika And ORS v. State Of Punjab And Another

2024:PHHC:025175 [278]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-42117-2023 Date of Decision : 22.02.2024 Radhika and others

...Petitioners

versus State of Punjab and another ....Respondents Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Rahul Dhanda, Advocate for Mr. Sohrab Dhanda, Advocate for the petitioners.

Mr. Sahil R. Bakshi, DAG, Punjab.

Mr. Hardik Ahluwalia, Advocate for respondent No.2.

*** DEEPAK GUPTA, J. (ORAL) [1] Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.63, dated 22.07.2020, registered under Sections 325, 323, 341, 294, 506 & 34 IPC, 1860 at Police Station Phase 11, SAS Nagar, Mohali, and all subsequent proceedings arising therefrom on the basis of compromise deed/affidavit dated 20.04.2022 (Annexure P-2). [2] This Court vide order dated 04.01.2024 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send the report qua the genuineness of the compromise.

[3] Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate Ist Class, SAS Nagar, Mohali, and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 07.02.2024 to the effect that the RAJNEESH SHARMA 2024.02.22 22:44 I attest to the accuracy and integrity of this document

2024:PHHC:025175 CRM-M-42117-2023 -2compromise has been effected between the parties voluntarily and without any coercion or undue influence.

[4] Statement of Respondent No.2-complainant namely, Rani, with regard to compromise was recorded before learned Magistrate on 23.01.2024.

[5] Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties. [6] In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and F.I.R. No.63, dated 22.07.2020, registered under Sections 325, 323, 341, 294, 506 & 34 IPC, 1860 at Police Station Phase 11, SAS Nagar, Mohali, and all subsequent proceedings arising therefrom on the basis of compromise qua petitioners, are hereby quashed. (DEEPAK GUPTA) JUDGE 22.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.22 22:44 I attest to the accuracy and integrity of this document