Amarjit Kaur @ Isso Kaur And Others v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 20.04.2023 Amarjit Kaur @ Isso Kaur and Ors.

...... Petitioners V/S State of Punjab and Ors.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Jimmy Singla, Advocate for the petitioners.

Mr. M.S.Joshi, Addl. A.G. Punjab.

Mr. Manjinder Singh, Advocate for Mr. Ritesh Tomar, Advocate for respondent Nos.2 and 3. **** AMARJOT BHATTI J. (ORAL) The petitioners- Amarjit Kaur @ Isso Kaur, Surinder Singh @ Golta and Ajaib Singh have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.064 dated 02.05.2020, under Sections 323, 452, 354-B, 34 of IPC, registered at Police Station Moonak, District Sangrur and all other subsequent proceedings on the basis of compromise between the parties dated 20.10.2022 (Annexure P-2).

As per the facts of the case, the complainant -Neelam Rani gave her statement to the police that on 30.04.2020 at about 3:00 PM her mother Amarjit Kaur and Isso Kaur had altercation with each other regarding the drain situated in front of their house. Her mother and Isso Kaur had a scuffle. Ajaib Singh @ Godu son and Nephew Golta reached there. Ajaib Singh @ Godu was armed with

-2danda who raised lalkara. Her mother came inside the house out of fear on this Isso kaur, her son Ajaib Singh @ Godu and Golta entered their house and caused them beating. In this occurrence they gave them fist blows. Ajaib Singh @ Godu had torned her clothes and outraged her modesty. Many people gathered there. Thereafter, the assailants left the spot. The petitioners filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioners and respondents No.2 and 3 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the court of Sub-Divisional Judicial Magistrate, Moonak, dated 05.04.2023. The statement of respondents No.

2 & 3 has been recorded, where they confirmed the compromise with the petitioners. They confirmed that this compromise has been effected without any pressure, coercion from any side and they have no objection regarding quashing of FIR. The petitioners-Amarjit Kaur @ Isso Kaur, Surinder Singh @ Golta and Ajaib Singh have also confirmed this fact in their separate statement. The statement of SI Amandeep Kaur is also recorded who further confirmed that the accused are neither involved in any other case nor have been declared as proclaimed offenders.

Therefore, from the report of Sub-Divisional Judicial Magistrate, Moonak, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. Both the parties are residents of same locality, it would enable them to live in peace and harmony. They have mutually settled all their disputes. It will end all

-3disputes and ill will amongst them. No purpose would be served with the continuation of criminal proceedings Therefore, considering these facts the petition filed by the petitioners is accepted and FIR No.064 dated 02.05.2020, under Sections 323, 452, 354-B, 34 of IPC, registered at Police Station Moonak, District Sangrur and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 20.04.2023 Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No