Kamaljeet Kaur Alias Minkoo And ... vs State Of Punjab And Another
2023 Latest Caselaw 3866 P&H

                                                         Neutral Citation No:=2023:PHHC:050679




Neutral Citation No. 2023:PHHC:050679
CRM-M-28651-2021
251 IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                CRM-M-28651-2021
                                Date of Decision: April 12, 2023

Kamaljeet Kaur @ Minkoo and another                  ...Petitioners

                                  Versus

State of Punjab and another                          ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Prashant Vashisth, Advocate for the petitioners.

Mr. Gurpreet Singh Shergill, AAG, Punjab.

Mr. Brijesh Nandan, Advocate for Mr. Sqib Ali Khan, Advocate for respondent No.2.

DEEPAK GUPTA, J.(Oral)

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.139 dated 20.09.2019, registered under Sections

420, 120-B of IPC and Section 24 of Immigration Act, at Police Station

Sadar Ludhiana, District Ludhiana and all the subsequent proceedings

arising therefrom qua the petitioners on the basis of compromise.

This Court vide order dated 23.07.2021 had directed the

parties to appear before the Trial Court/Illaqa Magistrate to get their

statements recorded and the learned Magistrate was directed to send

his/her report qua the genuineness of the compromise.

Pursuant to the aforesaid order, parties have appeared before

learned Judicial Magistrate 1st Class, Ludhiana and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate

has submitted report dated 25.08.2021 to the effect that the compromise

has been effected between the parties voluntarily and without any

coercion or undue influence.

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Neutral Citation No:=2023:PHHC:050679

Neutral Citation No. 2023:PHHC:050679 CRM-M-28651-2021 Respondent No.2, namely, Manjeet Kaur had made statement

with regard to compromise before learned Magistrate on 18.08.2021.

Learned State counsel as well as learned 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 F.I.R. No.139 dated 20.09.2019,

registered under Sections 420, 120-B of IPC and Section 24 of

Immigration Act, at Police Station Sadar Ludhiana, District Ludhiana and

all the subsequent proceedings arising therefrom qua the petitioners on the

basis of compromise, are hereby quashed.

April 12, 2023                                 (DEEPAK GUPTA)
sarita                                              JUDGE

                   Whether reasoned/speaking:        Yes/No
                   Whether reportable:               Yes/No




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Neutral Citation No:=2023:PHHC:050679

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