Yogesh Kohli And ORS. v. Shilpa

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 282-1 Date of decision:14.11.2023 1.

CRM-M No.49070 of 2023 YOGESH KOHLI AND OTHERS .... Petitioners

Versus

SHILPA .... Respondent 2.

CRM-M No.12035 of 2015 RAJESH PURI .... Petitioner

Versus

SHILPA .... Respondent 3.

CRM-M No.37842 of 2015 DAVINDER KUMAR WARDHWAN AND OTHERS .... Petitioners

Versus

SHILPA .... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present :

Mr. Rishabh Gupta, Advocate for the petitioners in CRM-M No.37842 of 2015 and CRM-M No.49070 of 2023. Mr. Vipin Mahajan, Advocate for the petitioner in CRM-M No.12035 of 2015. Mr. Vaibhav Narang, Advocate for the respondent/complainant (in all cases). **** MANISHA BATRA, J. (oral) 1.

This common order shall dispose of the above mentioned petitions filed under Section 482 Cr.P.C. by the petitioners who are accused in a common criminal complaint bearing No.60/06.06.2014 (COMI/498/2014) titled as Shilpa vs. Davinder Kumar Wadhawan and Others, as filed by the

-2respondent which is pending before learned Judicial Magistrate Ist Class, Ludhiana. The petitioners have been summoned as accused in the aforementioned complaint in pursuance of order dated 27.11.2014 to face trial for commission of offences punishable under Sections 323 & 326 of IPC. 2.

The petition bearing No. CRM-M-49070-2023 has been filed seeking quashing of the complaint and the summoning order on the basis of a compromise dated 25.09.2018 as arrived at between the petitioners-accused namely, Yogesh Kohli, Urmila Kohli, Jatinder Kohli and Veenu Kohli and respondent-complainant whereas, the remaining two petitions bearing No. CRM-M-12035-2015 and CRM-M-37842-2015 had been filed by the petitioners who are remaining accused seeking quashing of the complaint on merits and it is during the pendency thereof, that a compromise had been effected between the parties and directions were given to record their statements before the trial Court in pursuance thereof. 3.

The statements of the parties in CRM-M-49070-2023 had been recorded on 09.10.2023 whereas statements of the parties in the remaining two petitions bearing No. CRM-M-12035-2015 and CRM-M-37842-2015 qua compromise (executed on 11.11.2022) had been recorded by the trial Court on 09.11.2023.

4.

Learned counsel for the petitioners have submitted that the parties by making amicable settlement have resolved their inter se dispute and therefore, it is submitted by them that the quashing of the aforementioned complaint and the proceedings emanating therefrom, deserve to be allowed as the continuation of thereof would be a futile exercise. 5.

This Court vide order dated 06.10.2023 passed in CRM-M-490702023 and orders dated 02.11.2023 passed in CRM-M-12035-2015 and CRM-

-3M-37842-2015, respectively had given directions to the parties to appear before learned trial Court for recording their statements.

-460/06.06.2014 (COMI/498/2014) and summoning orders dated 27.11.2014 No.60/06.06.2014 (COMI/498/2014) titled as Shilpa vs. Davinder Kumar Wadhawan and Others, as pending before the Court of learned Judicial Magistrate Ist Class, Ludhiana, summoning order dated 27.11.2014 (MANISHA BATRA) 14.11.2023 JUDGE Jyoti-IV Whether speaking/reasoned:

Yes/No.

Whether reportable :

Yes/No