Sukhwinder Singh And Others v. State Of Punjab And Another

242 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (through video conferencing) CRM-M-53205-2021 Decided on : 15.02.2022 Sukhwinder Singh and others ...... Petitioners

Versus

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

None for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

**** Manjari Nehru Kaul, J.(Oral) Prayer in the instant petition filed under Section 482 Cr.PC is for quashing of FIR No.166 dated 28.09.2019 under Section 498-A (Section 406 IPC added later on vide DDR No.51 dated 03.11.2019) registered at Police Station Jaitu, District Faridkot and all the consequential proceedings arising out of the same, on the basis of compromise dated 03.12.2021 arrived at, between the parties.

Initially, FIR in question emanates from a matrimonial dispute between petitioner No.1 and the complainant-wife. However, subsequent to the registration of the FIR in question, the parties have ironed out all their differences and arrived at an amicable settlement. A joint petition under Section 13-B of Hindu Marriage Act has also been filed by the parties. Vide order dated 20.12.2021 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.

SONIA BURA 2022.02.15 17:45 I attest to the accuracy and authenticity of this document chandigarh

CRM-M-53205-2021 - 2 - Report dated 07.01.2022 has since been received from the JMIC, Faridkot 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 original statements of the parties alongwith its report. Learned State counsel 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 JMIC, Faridkot 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. 15.02.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.02.15 17:45 I attest to the accuracy and authenticity of this document chandigarh