Punjab-Haryana High Court
Anil Kumar And Ors vs State Of Punjab And Anr on 29 April, 2023
CRM-M-32217-2019 -1-
2023:PHHC:061338
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
210-2 CRM-M-32217-2019
Date of decision : 29.04.2023
Anil Kumar and Ors.
...... Petitioners
V/S
State of Punjab and Anr.
..... Respondents
CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Amit Dhawan, Advocate
for the petitioners.
Mr. M.S.Joshi, Addl. A.G. Punjab.
Ms. Navdeep Kaur, Advocate for
Mr. Prabhjot Singh, Advocate for respondent No.2.
****
AMARJOT BHATTI J. (ORAL)
The petitioners- Anil Kumar, Reeta and Sahil Sidhu have filed the
instant petition under Section 482 of Cr.P.C. for quashing of FIR No.25 dated
11.02.2019, under Sections 323, 452, 427 of IPC, registered at Police Station
Sadar Jalandhar, District Jalandhar and all other subsequent proceedings on the
basis of compromise between the parties (Annexure P-2).
As per the facts of the case, the complainant - Amandeep gave her
statement to the police that on 05.02.2019, she was present in her house and heard
noise outside. She along with her husband-Kamaljit went out and saw Anil Kumar
@ Badshah, his wife-Reeta and his younger son-Nanno along with 4-5
LALIT SHARMA
2023.04.29 15:54
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integrity of this
order/judgment
2023:PHHC:061338
unidentified persons. They entered her house. Anil Kumar @ Badshah slapped
her and the unidentified persons gave kick blows on her back and left leg. The
younger son of Badshah gave blow on the head of her husband. They damaged
their articles in the house. Reason behind this occurrence was that her brother-in-
law - Sukhwinder, while going in the street had pushed Heena daughter of Anil
Kumar @ Badshah. Anil Kumar @ Badshah also gave blow on the head of her
mother-in-law-Bimla. With these allegations, the present FIR has been registered.
The petitioners filed this petition for the quashing of aforesaid FIR on
the basis of compromise. The petitioners and respondent No.2 were directed to
appear before the trial Court/Illaqa Magistrate for recording their statements on the
basis of compromise. The detailed report regarding compromise has been received
from the court of Additional Chief Judicial Magistrate, Jalandhar dated
30.10.2019. The statement of respondent No.2 has been recorded, where she
confirmed the compromise with the petitioners. She confirmed that this
compromise has been effected without any pressure, coercion from any side and
she has no objection regarding quashing of FIR.
The petitioners- Anil Kumar, Reeta and Sahil Sidhu have also
confirmed this fact in their separate statement. The statement of I.O. Mukhtiar
Singh is also recorded who further confirmed that the accused are neither involved
in any other case nor have been declared as proclaimed offenders.
Therefore, from the report of Additional Chief Judicial Magistrate,
Jalandhar it is clear that the compromise has been effected between the parties
without any pressure, coercion or undue influence, which is acceptable to both the
parties. Both the parties are residents of same locality, it would enable them to live in
peace and harmony. They have mutually settled all their disputes. It will end the
LALIT SHARMA
2023.04.29 15:54
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integrity of this
order/judgment
2023:PHHC:061338
litigation started between them. The matter in cross version has been compromised
along with this case. No purpose would be served with the continuation of
criminal proceedings.
Therefore considering these facts the petition filed by the petitioners
is accepted and FIR No.25 dated 11.02.2019, under Sections 323, 452, 427 of IPC,
registered at Police Station Sadar Jalandhar, District Jalandhar and the
consequential proceedings arising therefrom are quashed.
Accordingly, the present petition stands accepted.
(AMARJOT BHATTI )
JUDGE
29.04.2023.
Sunil Devi
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
LALIT SHARMA
2023.04.29 15:54
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integrity of this
order/judgment
