Punjab-Haryana High Court
Sandeep Singh vs Suman Kumari on 3 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC: 045019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
279 CRM-M-3928-2016
Date of decision: 03.04.2024
SANDEEP SINGH .... PETITIONER(S)
VERSUS
SUMAN KUMARI ...RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Abhishek Sharma, Advocate
for the petitioner(s).
Mr. M.S. Dhami, Advocate
for the respondent.
****
JASJIT SINGH BEDI, J. (Oral)
On 28.11.2023 the following order was passed:-
"The Prayer in this petition under Section 482 Cr.PC is for
the quashing of the Complaint No.3008 of 2013 dated 03.09.2011
titled "Suman Kumari Vs. Balram Singh & Ors. (Annexure P-1)
pending in the court of JMIC, Hoshiarpur and summoning order
dated 20.10.2015 (Annexure P-6) on the basis of compromise dated
30.07.2009 (Annexure P-5) .
Learned counsel for the petitioners submits that in order to
live peacefully, parties have entered into Compromise dated
30.07.2009 (Annexure P-5) according to which, both the parties
have agreed not to proceed further with the proceedings in
question.
Adjourned to 03.04.2024.
The Counsel for the respondent does not dispute the above
said compromise, which has been arrived at between the parties,
according to which, complainant does not wish to press the
allegations alleged in the complaint any further.
Keeping in view the above, the parties are directed to
appear before the trial Court/Illaqa Magistrate for recording of
their statements on 30.01.2024 with regard to the compromise
dated 30.07.2009 (Annexure P-5) by moving an appropriate
application or by presenting this order. The Trial Court/Illaqa
Magistrate is directed to submit the report on or before the next
date of hearing containing the following information:-
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
1. Number of persons arrayed as accused in the
complaint/case;
2. Whether any accused is a proclaimed offender;
3. Whether the compromise is genuine, voluntary and
without any coercion or undue influence;
4. Whether the accused persons are involved in any other
complaint/case/FIR or not; and
5. The statements of the complainant and all the
victims/persons aggrieved shall be recorded by the Trial Court;
6. The Trial Court is also directed to record the statement of
the Investigating Officer/any other officer aware of the facts of the
case so as to know how many victims/complainants are there in the
complaint/summoning order and whether all the
victims/complainant as well as accused are party to the
compromise in question.
The petitioner shall deposit a cost of Rs.25,000/- with the
District Legal Services Authority concerned on or before the date
of recording of their statements and produce the receipt of the same
to the Trial Court/Illaqa Magistrate."
Despite passing of the aforementioned order, none of the parites
have appeared before the Court concerned to record their statements in
support of the compromise.
In view of the above, the present petition stands dismissed with
the liberty to file a fresh one, if and when a proper compromise is arrived at
between the parties.
(JASJIT SINGH BEDI)
JUDGE
03.04.2024
Kusum
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
