Malkiat Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44695-2019 Date of decision:4.12.2019 MALKIAT SINGH .....Petitioner

Versus

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

Present:

Mr. Kuldeep Singh Saini, Advocate for the petitioner.

Ms. Ruchika Sabherwal, AAG, Punjab.

Mr. Ranbir Singh Sekhon, Advocate for respondents No.2 and 3.

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

The petitioner seeks quashing of FIR No.44 dated 5.4.2018 under Sections 341, 354, 354-A, 354-B, 354-D, 506, 509 IPC, Police Station Nangal, District Ropar and proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 19.10.2019 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. GAURAV SOROT 2019.12.04 17:41 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-44695-2019 3.

Report of learned Sub-Divisional Judicial Magistrate, Nangal has been received, wherein it has been reported that statements of petitioner/accused and also of complainant-Pratiba Devi & witness-Anjali Kumari have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant & witness-Anjali in their statements have specifically stated that she has no objection in case the FIR in question is quashed. 5.

The learned Magistrate, Nangal has specifically opined that the parties have entered into compromise voluntarily, without any undue influence, pressure and coercion from any side.

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.44 dated 5.4.2018 under Sections 341, 354, 354-A, 354-B, 354-D, 506, 509 IPC, Police Station Nangal, District Ropar and all the consequent proceedings arising therefrom are hereby quashed qua the petitioner.

( GURVINDER SINGH GILL) 4.12.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.12.04 17:41 I attest to the accuracy and integrity of this document