High Court of Punjab and HaryanaCRM-M/43310/2019allowed

Narenderjit Kaur Virk And Others v. State Of Punjab And Another

2019-11-13Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43310-2019 Date of decision:13.11.2019 NARENDERJIT KAUR VIRK AND OTHERS .....Petitioners

Versus

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

Present:

Mr. R.S. Khosla, Senior Advocate with Mr. Sarvesh Malik, Advocate for the petitioners.

Ms. Rashmi Attri, AAG, Punjab.

Mr. Samrit Gill, Advocate for respondent No.2.

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

The petitioners seek quashing of FIR No.28 dated 30.11.2018 under Sections 406/498-A/506 IPC, Police Station NRI, District SAS Nagar, Mohali and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 14.10.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get the statements GAURAV SOROT 2019.11.14 11:03 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-43310-2019 recorded with regard to the genuineness of the compromise. 3.

Report of learned Judicial Magistrate Ist Class, SAS Nagar, Mohali has been received wherein it has been reported that statements of the petitioners as well as of complainant-Surinder Pal Singh Mann & victimShyna Mann have been recorded who have stated that they have compromised the matter and that complainant & victim have have no objection if the FIR is quashed. It has specifically been opined by learned Magistrate, Mohali that statement of the parties are bona fide 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. 4.

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.28 dated 30.11.2018 under Sections 406/498-A/506 IPC, Police Station NRI, District SAS Nagar, District Mohali and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 13.11.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.11.14 11:03 I attest to the accuracy and integrity of this document