Jaswinder Kaur And Ors vs State Of Punjab And Another
2023 Latest Caselaw 19785 P&H

                                                      Neutral Citation No:=2023:PHHC:145243




                                                      2023:PHHC:145243
CRM-M-14044-2023
                                                         -1-
295

       IN THE HIGH COURT OF PUNJAB AND HARYANA
            AT CHANDIGARH

                                           CRM-M-14044-2023
                                           Date of decision:-15.11.2023

Jaswinder Kaur and others
                                                                        ...Petitioners

                       Versus

State of Punjab and another
                                                                   ...Respondents

CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL


Present:        Mr.Kamal Jindal, Advocate for
                Mr.Harpreet Singh Maan, Advocate
                for the petitioners.

                Mr.Anup Singh, AAG, Punjab.

                Mr.Sukhveer S.Killianwali, Advocate
                for the complainant/respondent No.2.

                ****

SUVIR SEHGAL, J.(ORAL)

1. Instant petition has been filed under Section 482 of the

Code of Criminal Procedure, 1973 for quashing of FIR No.0086 dated

07.11.2022, under Sections 420, 406, 120-B IPC, registered at Police

Station Chamkaur Sahib, District Rupnagar, Annexure P1, along with all

subsequent proceedings arising therefrom, on the basis of

compromise/affidavit dated 14.03.2023, Annexure P2, arrived at

between the parties.

2. Counsel for the petitioners submits that the FIR is an

outcome of monetary dispute, which has been amicably settled between

the parties.

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3. Counsel for the respondent No.2/complainant has admitted

the factum of compromise.

4. Heard counsel for the parties.

5. Pursuant to order dated 20.03.2023 passed by this Court,

report has been received from the Judicial Magistrate, relevant extract of

which is as under:-

"(i) There are three accused namely Pooja Rani, Jaswinder

Kaur and Ram Singh in the present case.

(ii) None of the accused is declared as proclaimed offender in

the present case/FIR.

(iii) The present case is at the stage of investigation and challan

is yet to be presented.

(iv) From the statements of the parties, the compromise seems

to be genuine, voluntary and without any coercion or undue

influence."

6. In view of the report given by the learned Magistrate and

judgment of the Supreme Court in Gian Singh Versus State of Punjab

and another, 2012(4) RCR (Criminal) 543 and a Full Bench of this

Court in Kulwinder Singh vs. State of Punjab and another, 2007(3)

RCR (Criminal) 1052, this Court is of the view that keeping the criminal

proceedings alive would not serve any purpose and setting them aside

would enable the parties to lead a harmonious and peaceful life.

7. Accordingly, the petition is allowed. FIR No.0086 dated

07.11.2022, under Sections 420, 406, 120-B IPC, registered at Police

Station Chamkaur Sahib, District Rupnagar, Annexure P1, along with all

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subsequent proceedings arising therefrom, are quashed qua the

petitioners.

                                            (SUVIR SEHGAL)
15.11.2023                                     JUDGE
Brij

Whether reasoned/speaking :                Yes/No

Whether reportable                   :     Yes/No

Neutral Citation No:=2023:PHHC:145243

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