Punjab-Haryana High Court
Lakhwinder Kaur vs State Of Punjab And Another on 30 January, 2023
CRM-M-53463-2019 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
252 CRM-M-53463-2019
Date of decision: 30.01.2023
LAKHWINDER KAUR ...Petitioner
VERSUS
STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM: HON'BLE MS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Prateek Pandit, Advocate
for the petitioners.
Mr. Amit Rana, Sr. DAG, Punjab.
Mr. K.B.S. Mann, Advocate
for respondent No.2.
36 2 2 ie 2
MANJARI NEHRU KAUL, J.(ORAL)
Instant petition has been filed under Section 482 Cr.P.C. for
quashing FIR No.22 dated 07.03.2007 (Annexure P-1 under Sections 406
and 420 IPC and Section 24 of Immigration Act, registered at Police Station
Bholath, District Kapurthala along with all consequential proceedings
arising therefrom on the basis of compromise Annexure P-3 effected
between the parties.
Vide order dated 16.12.2019 of this Court, the parties were
directed to appear before the learned trial Court/Illaqa Magistrate on
17.01.2020 to get their statements recorded regarding the compromise
Annexure P-3 arrived at, between them.
Report has since been received from learned Sub Divisional
Magistrate, Bholath, in pursuance of the direction of this Court, wherein, the
factum of the compromise arrived at between the parties stands verified and
confirmed. As per the report, compromise has indeed been effected between
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2023.01.30 18:15
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CRM-M-53463-2019 2
the parties and the same is without any pressure or coercion and out of their
free will and the complainant has also made statement to the effect that she
would have no objection if the FIR qua the petitioner is quashed.
The trial Court has annexed the statements of the parties in
original, alongwith its report.
Learned State counsel too does not oppose the prayer made by
the counsel for the petitioner for quashing of the FIR in question. Learned
State counsel has, on instructions, apprised the Court that the husband of the
petitioner, who too was an accused in the FIR in question, has already been
acquitted vide judgment dated 12.03.2014 (Annexure P-2). Learned State
counsel also submitted that the petitioner was declared a proclaimed
offender, however, in compliance of the order dated 16.12.2019 passed by
the co-ordinate Bench of this Court, the petitioner had appeared and
surrendered before the trial Court and deposited the cost of Rs.20,000/- as
per the instructions of this Court.
In view of the report of the learned Sub Divisional Magistrate,
Bholath and the principles laid down by the Apex Court in 'Gian Singh Vs.
State of Punjab and others' (2012) 10 SCC 303, and also by the Full
Bench of this Court in 'Kulwinder Singh and others v. State of Punjab
and another' 2007 (3) RCR (Criminal) 1052, the instant petition is
allowed. The aforesaid FIR and all consequential proceedings arising out of
it, are quashed.
Needless to say, the parties shall remain bound by the terms of
compromise and their statements recorded before the Court below.
January 30, 2023 (MANJARI NEHRU KAUL)
nisha-II JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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this Judicial Rec
which is scanned
ord/Decree/Document,
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