Gurjyot Singh Nanda And ANR. v. State Of Punjab And Another

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 18.04.2024 DR. GURJYOT SINGH NANDA AND ANOTHER ......PETITIONERS Vs.

STATE OF PUNJAB AND ANOTHER .........RESPONDENTS

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Yuvraj Rathore, Advocate, for Mr. T.S. Sidana, Advocate, for the petitioners.



      Mr. Jasmeet Singh Bhatia, Advocate, for respondent No. 2.

***** HARPREET KAUR JEEWAN J. (ORAL) CRM-36131-2023            

      !  "  

 

 #

 $"
 

 

CRM-M-42913-2023 [1] The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 128 dated 27.07.2023, under Sections 406 and 498-A of the IPC, registered at Police Station Dugri, District Police Commissionerate, Ludhiana, (Annexure P-1), on the basis of a compromise deed dated 23.08.2023 (Annexure P-2) arrived at between the parties.

-2-

[2] $

        

 %&"

   

    



 '(!    

      )(  #          '( !  

! ( ( 



 '!!

 !





'*+,'+'*- . ('/  

.



 

 

0 # 





 #   



 )*( 

1 
 )233   #



# !   

 

 #    



     4    %!# $ 5  

  !







',+2'+'*  !



!!



'*+,'+'*- . ('/ [3] Learned counsel appearing on behalf of respondent No. 2 has confirmed the factum of compromise between the parties. He submits that respondent No. 2-complainant has no objection if the present FIR against the present petitioner is quashed by this Court.

[4] On 04.09.2023, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of their statements regarding the compromise.

[5] As per the report dated 17.10.2023, received from the Judicial Magistrate, Ist Class, Ludhiana, through the District & Sessions Judge, Ludhiana, compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. The petitioners have not been declared as "Proclaimed Offender" and they are not involved in any other criminal case.

[6] Learned State counsel has not raised any objection regarding the acceptance of the present petition.

-3-

6 0  !!       

 





     !!

 

 

  

  #!

     

   1 8  .

$    9     - $/'+)'-:/"$"-$! / 3:* 

   1 8  %

  $ 7



           '++6-*/"$"-$! / )+3' 

        !

    %&"    

;  

   ; 

#   !!

 

 

[8] Consequently, this petition is allowed and FIR No. 128 dated 27.07.2023, under Sections 406 and 498-A of the IPC, registered at Police Station Dugri, District Police Commissionerate, Ludhiana and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioners.

[9] However, the respondent No.2-complainant and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise dated 23.08.2023 (Annexure P-2) are violated. [10] Pending miscellaneous application(s), if any, shall also stand disposed of.

April 18, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No