Savan Singh And Others v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.249 Case No. : Crl. Misc. No.M-54528 of 2019 Date of Decision : December 02, 2021 Savan Singh and others ....
Petitioners vs.
State of Punjab and another ....
Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. Present :
Mr. Gurmeet Singh Saini, Advocate for the petitioners.
Mr. Luvinder Sofat, AAG, Punjab Mr. Prabhdeep Singh Toor, Advocate for respondent no.2.
* * * MANJARI NEHRU KAUL , J.
(Oral) :
The instant petition is for quashing of FIR No.126 dated 21.08.2018, lodged under Sections 326-B, 323, 506, 511, 148, 149 IPC, registered at Police Station Makhu, District Ferozepur and the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at between the parties.
Learned counsel for the petitioners submits that in compliance of the order dated 11.10.2021 passed by this Court, the parties have got their respective statements recorded before the Trial Court. It has further been submitted that during the pendency of the instant petition, the marriage between the parties stands dissolved by way of decree of divorce under Sectioin 13-B of the Hindu Marriage Act, 1955. Report has since been received from learned Sub-Divisional Judicial Magistrate, Zira, 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 would have no objection if the FIR qua the accused-petitioners is quashed.
MONIKA 2021.12.02 18:33 I attest to the accuracy and integrity of this document
Crl. Misc. No.M-54528 of 2019 : 2 :
The trial Court has annexed the statements of the parties along with its report.
Learned State counsel too 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 Sub-Divisional Judicial Magistrate, Zira, 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 a 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. December 02, 2021 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No MONIKA 2021.12.02 18:33 I attest to the accuracy and integrity of this document