Parminder Singh And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-37732-2019 (O&M) Date of Decision:-27.11.2019 Parminder Singh and others ... Petitioners

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State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ashdeep Singh, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by SI Tarsem Singh.

Mr. R.S. Dhaliwal, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.0052 dated 15.2.2019 registered at Police Station PS Women, District Police Commissionerate Ludhiana under Sections 406, 498-A and 494 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties. Vide order dated 6.9.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Judicial Magistrate 1st Class, Ludhiana has been received, wherein it has been reported that statements of PANKAJ KAKKAR 2019.11.27 17:48 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-37732-2019 (O&M) petitioners/accused Parminder Singh, Jagir Singh and Jasbir Kaur and also of complainant Kiranbir Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

The complainant in her statement has stated that she has no objection in case the FIR in question is quashed. The learned Judicial Magistrate 1st Class, Ludhiana has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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 present petition is allowed and FIR No.0052 dated 15.2.2019 registered at Police Station PS Women, District Police Commissionerate Ludhiana under Sections 406, 498A and 494 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners. 27.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.11.27 17:48 I attest to the accuracy and integrity of this document