Sandeep Kaur And Ors vs State Of Punjab And Anr

Punjab-Haryana High Court

Sandeep Kaur And Ors vs State Of Punjab And Anr on 3 May, 2024

                                      Neutral Citation No:=2024:PHHC:061402



                                                         2024:PHHC:061402

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

241                                           CRM-M-12489-2024
                                              Date of Decision:03.05.2024
SANDEEP KAUR AND ORS                                       .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Mr. Nitin Sharma, Advocate
            for the petitioners.
            Mr. Ramandeep Singh, Sr. DAG, Punjab.
            Mr. B.S. Jaswal, Advocate for respondent No.2.

                         ****
DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of DDR No.38 dated 08.08.2020 under Sections 323, 324, 506 and 34 of IPC in case FIR No.70 dated 08.08.2020, under Sections 323, 324, 341, 427 and 34 of IPC, registered at Police Station Mattewal, District Amritsar Rural and all subsequent proceedings arising therefrom on the basis of compromise deed dated 14.12.2023 (Annexure P-3).

This Court vide order dated 13.03.2024 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before Judicial Magistrate Ist Class, Baba Bakala Sahib and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 16.04.2024 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or 1 of 2 ::: Downloaded on - 04-05-2024 18:26:09 ::: Neutral Citation No:=2024:PHHC:061402 CRM-M-12489-2024 -2- 2024:PHHC:061402 undue influence.

Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R.

Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and DDR No.38 dated 08.08.2020 under Sections 323, 324, 506 and 34 of IPC in case FIR No.70 dated 08.08.2020, under Sections 323, 324, 341, 427 and 34 of IPC, registered at Police Station Mattewal, District Amritsar Rural and all subsequent proceedings arising therefrom on the basis of compromise deed dated 14.12.2023 (Annexure P-

3) are quashed qua the petitioners.

                                                     ( DEEPAK GUPTA )
                                                          JUDGE
03.05.2024
pry


             Whether Speaking/reasoned          Yes/No
             Whether Reportable                 Yes/No




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