Himani Sharma @ Himani Bhandari vs State Of Punjab And Another
2023 Latest Caselaw 21118 P&H

Punjab-Haryana High Court

Himani Sharma @ Himani Bhandari vs State Of Punjab And Another on 5 December, 2023

                                                          Neutral Citation No:=2023:PHHC:155074




                                                                 2023:PHHC:155074

297          IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                              CRM-M-55750-2023
                              Date of decision: 05.12.2023
HIMANI SHARMA @ HIMANI BHANDARI
                                          ...PETITIONER
                 V/S
STATE OF PUNJAB AND ANOTHER
                                        ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:      Mr. Umesh Aggarwal, Advocate for the petitioner.

              Mr. M.S. Nagra, AAG, Punjab.

              Mr. Anirudh Gupta, 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.103 dated 29.06.2019, registered under Sections

420/120-B of IPC at Police Station Kamboj, District Amritsar and all

subsequent proceedings arising therefrom on the basis of compromise dated

31.08.2023 (Annexure P-4).

This Court vide order dated 06.11.2023 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 Ist Class, Amritsar and got their statements

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

submitted report dated 24.11.2023 to the effect that the compromise has been

effected between the parties is voluntarily and without any coercion or undue

influence.

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Neutral Citation No:=2023:PHHC:155074

2023:PHHC:155074

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.103 dated 29.06.2019, registered under Sections

420/120-B of IPC at Police Station Kamboj, District Amritsar and all

subsequent proceedings arising therefrom on the basis of compromise qua

petitioner(s), are hereby quashed.

                                                             (DEEPAK GUPTA)
December 05, 2023                                                 JUDGE
manisha


             (i)     Whether speaking/reasoned                    Yes/No

             (ii)    Whether reportable                           Yes/No




                                                           Neutral Citation No:=2023:PHHC:155074

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