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High Court of Punjab and HaryanaCRM-M/37425/2019allowed

Jaswinder Kaur And Another v. State Of Punjab And Another

2019-12-04Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-37425-2019 Date of decision:4.12.2019 JASWINDER KAUR AND ANOTHER .....Petitioners

Versus

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

Present:

Mr. Sumeet Puri, Advocate for the petitioners.

Ms. Ruchika Sabherwal, AAG, Punjab.

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

The petitioners seek quashing of FIR No.148 dated 5.6.2019 under Sections 498-A, 452, 323, 506, 427, 120-B, Police Station Sadar Dhuri, District Sangrur and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 5.9.2019 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, Dhuri has been received, GAURAV SOROT 2019.12.04 17:48 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-37425-2019 wherein it has been reported that statements of petitioners/accused and also of complainant-Sukhvir 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, Dhuri has specifically opined that compromise has been arrived genuinely and is made voluntarily without any pressure or coercion.

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.148 dated 5.6.2019 under Sections 498-A, 452, 323, 506, 427, 120-B, Police Station Sadar Dhuri, District Sangrur and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 4.12.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.12.04 17:48 I attest to the accuracy and integrity of this document