High Court of Punjab and HaryanaCRM-M/49626/2021allowed

Akashdeep Goyal And Others v. State Of Punjab And Another

2022-02-01Mrs. Justice Manjari Nehru Kaul3 pages

224+114

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) CRM-M-49626-2021 (O&M) Decided on : 01.02.2022 Akashdeep Goyal & ors.

...... Petitioners

Versus

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

Mr. M.S.Joshi, Advocate for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Kashish Garg, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J. (Oral) CRM-690-2022 Application is allowed and the certified copy of Annexure P-5 (order dated 09.12.2021) filed along with the application is taken on record, subject to all just exceptions. Office to tag the same at the appropriate place. CRM-M-49626-2021 Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.03 dated 02.03.2017 under Sections 498-A and 406 IPC registered at Police Station NRI, District Bathinda and all the consequential proceedings arising out of the same, on the basis of compromise dated 18.11.2021 (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioners submits that FIR in question emanates from the matrimonial dispute between petitioner No.1 and the complainant-wife. However, subsequently the parties have ironed out all their differences and amicably resolved all their disputes among themselves.

CRM-M-49626-2021 (O&M) - 2 - He further submits that a joint petition under Section 13-B of Hindu Marriage Act has also been filed by the parties.

Vide order dated 26.11.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 20.12.2021 has since been received from the CJM, Bathinda in pursuance to the direction of this Court. 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. The trial Court has annexed the photocopies of the statements of the parties alongwith its report. Learned State counsel assisted by counsel for respondent No.2 also submits that there is no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question. In view of the report of the learned CJM, Bathinda and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 and Narinder Singh and others Vs. State of Punjab and another 2014(2) R.C.R. (Criminal) 482, the instant petition(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 01.02.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No