Jaspreet Singh Sagoo And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision:4.12.2019 JASPREET SINGH SAGOO AND OTHERS .....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Amrinderjit Singh Sandhu, Advocate for the petitioner.

Ms. Ruchika Sabherwal, AAG, Punjab.

Mr. Bawa Mandeep Singh, Advocate for respondent No.2.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioners seek quashing of FIR No.1 dated 7.1.2019 under Sections 406, 498-A, 506 IPC, Police Station NRI, District SAS Nagar and proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 23.9.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get the statements recorded with regard to the genuineness of the compromise.

-: 2 :- 3.

Report of learned Judicial Magistrate 1st Class, Mohali has been received, wherein it has been reported that statements of petitioners/accused and also of complainant-Harpreet Kaur have been recorded to the effect that they have compromised the matter amongst themselves. While petitioner No.2-Ravinder Pal Sagoo and petitioner No.3-Parminder Kaur appeared in person and got their statements recorded, the statement of Jaspreet Singh Sagoo has been recorded through his Attorney Ravinder Pal Sagoo. The petition itself had been filed by Jaspreet Singh Sagoo through his Attorney Rajinder Pal Sagoo (father) and a copy of power of attorney has also been annexed with the petition.

4.

The complainant in her statement has specifically stated that she has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, SAS Nagar has specifically opined that statements of the parties are bonafide and are not result of any pressure or coercion and the compromise between the complainant and the accused persons seems to be genuine and valid. 6.

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 petition is allowed and FIR No.1 dated 7.1.2019 under Sections 406, 498-A, 506 IPC, Police Station NRI, District SAS Nagar and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 4.12.2019 JUDGE Gaurav Sorot

-: 3 :- Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No