Aarti Rani And ORS v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-40312-2024 Date of decision: October 23rd, 2024 Aarti Rani and others .....Petitioners

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Himani Kapila, Advocate for the petitioners.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. Mr. Vikas Dhoulra, Advocate for Mr. Sanchit Punia, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of complaint No.COMI-919/2014 dated 23.01.2014 under Sections 452, 326, 427, 353, 34 of the IPC titled as 'Deepak Kumar Vs. Aarti Rani and others' pending before learned Sub Divisional Judicial Magistrate, Batala, as well as summoning order dated 18.09.2014 (Annexure P-2), on the basis of compromise dated 26.07.2024 (Annexure P-3). 2.

Vide order dated 22.08.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 20.09.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Sub Divisional Judicial Magistrate, Batala, in pursuance of the PUNEET SACHDEVA 2024.10.23 14:54 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-40312-2024 -2directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he would have no objection if the complaint qua the accused-petitioners is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

In view of the report of the learned Sub Divisional Judicial Magistrate, Batala, and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid complaint and all consequential proceedings arising out of it, are quashed. 6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 23rd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.10.23 14:54 I attest to the accuracy and integrity of this document Chandigarh