Gursharan Singh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-57189-2018 Decided on : 15.01.2020 Gursharan Singh . . . Petitioner(s)

Versus

State of Punjab and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Ravi Malhotra, Advocate for the petitioner(s).

Ms. Devaki Anand Sullar, Asstt. AG, Punjab.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition is for quashing of FIR No. 57, dated 12.03.2018, under Section 376 IPC, registered at Police Station Kapurthala, District Kapurthala and the consequential proceedings arising out of the same, on the basis of compromise deed dated 27th July, 2018 (Annexure P-3) arrived at, between the parties. Vide order dated 27th August, 2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 16th October, 2019 to get their statements recorded regarding the compromise arrived at, between them.

Report has since been received from the learned CJM, Kapurthala, in pursuance to the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. 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 and the complainant has also made statement to the effect that she JAWALA RAM 2020.01.18 15:47 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-57189-2018 - 2 - would have no objection if the FIR qua the accused-petitioner is quashed.. The trial Court has annexed the attested copies of statements of the parties alongwith its report.

Besides above, it would be pertinent to notice, as has also been brought to the notice of this Court that the parties have since solemnized their marriage with each other on 23rd September, 2018. Thereafter, they have been blessed with a child as well. They are reportedly residing happily with each other.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned CJM, Kapurthala 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 FIR 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 January 15, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.01.18 15:47 I attest to the accuracy and authenticity of this document Chandigarh