Karamjit Singh And ANR v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40547-2019 Decided on : 22.01.2020 Karamjit Singh and another . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Imran Farooqi, Advocate for the petitioner(s).

Ms. Devaki Anand Sullar, Asstt. AG, Punjab assisted by ASI Balwant Singh.

Ms. Jyotika, Advocate for Mr. Parmod Kumar, Advocate for the respondent No.2 - complainant.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition is for quashing of FIR No. 124, dated 04.11.2015, lodged under Sections 406, 498-A, 323 IPC, registered at Police Station Women Police Cell, District Patiala as well as order dated 19.09.2018 (Annexure P-2), passed by Ld. JMIC, Patiala, whereby, the petitioners were summoned to face trial under Section 319 Cr.P.C. and all consequential proceedings arising out of the same, on the basis of compromise dated 16.09.2019 [Annexure P-2 (Colly)] arrived at, between the parties.

Vide order dated 20th September, 2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 22nd October, 2019 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from the learned JMIC, Patiala, JAWALA RAM 2020.01.24 19:29 I attest to the accuracy and authenticity of this document Chandigarh in pursuance to the direction of this Court, which is placed in the connected

CRM-M-40547-2019 - 2 - case file i.e. CRM-M-35306-2019, 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 she would have no objection if the FIR qua the accused-petitioners is quashed. The trial Court has annexed the copies of statements of the parties in original, alongwith its report.

Learned State counsel too submits that there are 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 JMIC, Patiala and the principles laid down by 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 FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE January 22, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.01.24 19:29 I attest to the accuracy and authenticity of this document Chandigarh