Varinder Singh v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- 59821-2022 Date of decision : 21.03.2023 Varinder Singh ...... Petitioner V/S State of Punjab and another ..... Respondents CORAM :

HON'BLE MRS. JUSTICE AMARJOT BHATTI

Present:

Mr. Brijeshwar Singh Bhalla, Advocate for the petitioner.

Mr. Hemant Aggarwal, AAG, Punjab.

Mr. Karandeep Singh Sidhu, Advocate for the complainant. **** AMARJOT BHATTI J. (ORAL) The petitioner- Varinder Singh has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.231 dated 28.10.2022, under Sections 354-D of IPC, registered at Police Station City South Moga, District Moga and all other subsequent proceedings on the basis of compromise between the parties dated 12.12.2022 (Annexure P2).

As per the facts of the case, the complainant - Kulwinder Kaur gave her statement to the police that she had won MC election during Congress Government from Ward No.27. Varinder Singh @Tony had contested the elections against her. Varinder Singh @Tony was having bad intention towards her and he

-2nourished a grudge. He used to follow her and did obscene act to defame her. There was no change in his behaviour. On 26.10.2022, she joined Aam Adami Party. She was returning home when Varinder Singh @ Tony started abusing her. She went inside the shop of MC Parveen Makkar and he was informed about the conduct of Varinder Singh @ Tony. MC Parveen Makkar called Varinder Singh @ Tony and the phone was put on speaker. He used obscene words for her. Ultimately, the matter was reported to the police and the present FIR has been registered.

The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner and respondent No.2 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 Chief Judicial Magistrate Moga dated 21.02.2023. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioner. She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR.

The petitioner-Varinder Singh also confirmed this fact in his separate statement. The statement of ASI Jasvir Kaur is also recorded who further confirmed that the accused is neither involved in any other case nor has been declared as proclaimed offender.

Therefore, from the report of Chief Judicial Magistrate Moga, 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. They have mutually settled all their disputes. They will be able to live in peace

-3and harmony, as they live in the same area. No purpose would be served with the continuation of criminal proceedings.

Therefore considering these facts the petition filed by the petitioner is accepted and FIR No.231 dated 28.10.2022, under Sections 354-D of IPC, registered at Police Station City South Moga, District Moga and the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 21.03.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No