Kamal Bajaj v. The State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-37488-2019 Date of decision:05.12.2019 KAMAL BAJAJ .....Petitioner

Versus

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

Present:

Mr. J.S. Jaidka, Advocate for the petitioner Ms. Ruchika Sabherwal, AAG, Punjab Mr. Harmanpreet Singh, Advocate for the complainant **** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks quashing of FIR No.253 dated 3.7.2017 under Sections 354, 509 IPC, Police Station Basti Jodhewal, District Ludhiana 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.

GAURAV SOROT 2019.12.06 17:26 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-37488-2019 3.

Report of learned Judicial Magistrate 1st Class, Ludhiana has been received, wherein it has been reported that statements of petitioner/accused and also of complainant-Vaibhavi Khanna 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 has been voluntarily entered into between the parties without any pressure, threat or influence and 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.253 dated 3.7.2017 under Sections 354, 509 IPC, Police Station Basti Jodhewal, District Ludhiana and all the consequent proceedings arising therefrom are hereby quashed qua the petitioner. ( 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