Jaskeerat Singh And ORS v. State Of Punjab And ANR

CRM-M-49811-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-49811-2019 Decided on : 06.03.2020 Jaskeerat Singh & ors.

...... Petitioners

Versus

State of Punjab & anr.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Sarabjit Singh, Advocate for the petitioners.

Ms. Jaspreet Kaur, AAG, Punjab.

Ms. Navkiran Bala, Advocate for Mr. G.S.Thind, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of Complaint No.832 dated 23.12.2014 under Sections 406, 498-A and 120-B IPC registered at Police Station Chheharta, Amritsar (Annexure P-1) and summoning order dated 29.05.2015 (Annexure P-2) on the basis of compromise deed dated 31.10.2019 (Annexure P-3) arrived at between the parties.

Vide order dated 17.01.2020 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 07.02.2020 to get their statements recorded regarding the compromise arrived at, between them.

SONIA BURA 2020.03.13 15:53 I attest to the accuracy and integrity of this document chandigarh

CRM-M-49811-2019 -2Report dated 26.02.2020 has since been received from the learned JMIC, Amritsar 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 photocopies of the statements of the parties alongwith its report.

Learned State counsel also submits that there are 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, Amritsar and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid complaint and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 06.03.2020 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2020.03.13 15:53 I attest to the accuracy and integrity of this document chandigarh