Nirmala Devi Kanda & Others v. State Of Punjab And Another

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision:- 03.10.2024 NIRMALA DEVI KANDA & OTHERS ....Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Tushar Sharma, Advocate for the petitioner.

Mr. Iqbalpreet Singh, AAG Punjab.

Mr. Arnav Sharma, Advocate for respondent No.2.

***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 16.07.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 19.05.2015 420, 467, 468, 471, 427, 443, 120-B IPC Bhargo Camp Jalandhar

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With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 16.07.2024 (Annexure P-2), which is duly signed by them. 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 learned Chief Judicial Magistrate, (NRI Court), Jalandhar vide report dated 23.09.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.25,000/- in compliance to the order dated 09.09.2024.

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Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the learned Chief Judicial Magistrate, (NRI Court), Jalandhar 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 the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons.

5.

In the circumstances, the present petition is allowed. FIR No.98 dated 19.05.2015 under Sections 420, 467, 468, 471, 427, 443, 120-B IPC registered at Police Station Bhargo Camp Jalandhar (Annexure P-1) and all

-3consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 03.10.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No