Shubh Lata And Another v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-53214-2019 (O&M) Date of Decision:-2.3.2020 Shubh Lata and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. S.K. Raghuwanshi, Advocate for Mr. Vijay Lath, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab. Mr. Surinder Sharma, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.49 dated 2.4.2016 registered at Police Station Sadar Jalandhar, Tehsil and District Jalandhar, Punjab under Sections 406 and 420 of Indian Penal Code, 1860 read with Section 24 of Immigration Act, 1983 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Vide order dated 13.12.2019, the parties had been directed to appear before the Trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Additional Chief Judicial Magistrate, Jalandhar has been received, wherein it has been reported that statements of petitioners/accused Shubh Lata and Tajinder Saini and also of complainant PANKAJ KAKKAR 2020.03.03 17:19 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-53214-2019 (O&M) Harjit Kumar have been recorded to the effect that they have compromised the matter amongst themselves with the intervention of respectables. The complainant Harjit Kumar in his statement has stated that he has no objection in case the FIR in question is quashed. The learned Additional Chief Judicial Magistrate, Jalandhar has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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 present petition is allowed and FIR No.49 dated 2.4.2016 registered at Police Station Sadar Jalandhar, Tehsil and District Jalandhar, Punjab under Sections 406 and 420 of Indian Penal Code, 1860 read with Section 24 of Immigration Act, 1983 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

2.3.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.03.03 17:19 I attest to the accuracy and integrity of this document