Surinder Singh Jaura And Another v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-14.8.2024 Surinder Singh Jaura and another ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Inderjit Sharma, Advocate, for the petitioners.

Mr. Inderjeet Singh Ladher, DAG, Punjab.

Mr. Mukesh Kumar Bhatnagar, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.0176, dated 13.10.2022 registered at Police Station Kotwali Bathinda, District Bathinda, under Sections 420, 419, 509, 501, 109 of Indian Penal Code, Section 6 of Indecent Representation of Women (Prohibition) Act, 1986 and Section 3 of Punjab Prevention of Defacement Property Ordinance Act, 1997 and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Mr. Inderjit Sharma, Advocate has put in appearance on behalf of the petitioner and has filed vakalatnama after obtaining 'No Objection' from the previous counsel, which is taken on record.

( 2 ) 3.

Mr. Mukesh Kumar Bhatnagar, Advocate has put in appearance on behalf of respondent No.2 and has filed vakalatnama, which is taken on record. 4.

Vide order dated 12.3.2024, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

5.

Report of learned Judicial Magistrate Ist Class, Bathinda has been received, wherein it has been reported that statements of petitioners/accused Surinder Singh Jaura, Ramdayal Singh and also of respondent No.2 namely Jagdish Grover have been recorded to the effect that they have compromised the matter amongst themselves.

6.

Respondent No.2 namely Jagdish Grover who is the complainant in his statement has stated that he has no objection in case the FIR in question is quashed.

7.

Learned Judicial Magistrate Ist Class, Bathinda has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

8.

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.0176, dated 13.10.2022 registered at Police Station Kotwali Bathinda, District Bathinda, under Sections 420, 419, 509, 501, 109 of Indian Penal Code, Section 6 of Indecent Representation of Women (Prohibition) Act, 1986 and Section 3 of Punjab Prevention of Defacement Property Ordinance

( 3 ) Act, 1997 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

14.8.2024 ( Gurvinder Singh Gill ) geeta Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No