Bhajan Kaur @ Harbhajan Kaur And Others vs State Of Punjab And Others
2024 Latest Caselaw 10763 P&H

Punjab-Haryana High Court

Bhajan Kaur @ Harbhajan Kaur And Others vs State Of Punjab And Others on 3 July, 2024

                                        Neutral Citation No:=2024:PHHC:082353



CRM-M-5879-2024(O&M)
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            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

279                                             CRM-M-5879-2024(O&M)
                                                Date of Decision: 03.07.2024

BHAJAN KAUR @ HARBHAJAN KAUR AND OTHERS
                                                                   ....Petitioners
                       VERSUS
STATE OF PUNJAB AND OTHERS                                        ....Respondents

CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present :     Mr. Ravi Malhotra, Advocate for the petitioners.

              Mr. Satjot Singh, AAG, Punjab.

              Mr. Prashant Bansal, Advocate for respondents no.2 & 3.

MANISHA BATRA, J. (Oral)

The present petition has been filed under Section 482 of Code of

Criminal Procedure for quashing of FIR No.0085 dated 09.11.2016 under

Sections 325, 323, 506, 148, 149 of IPC, 1860 registered at Police Station

Kheri Gandian, District Patiala and all the subsequent proceedings arising

therefrom, on the basis of compromise dated 13.10.2023 (Annexure P-2).

2. This Court vide order dated 05.02.2024 had directed the parties to

appear before the trial Court to get their statements recorded and the learned

Magistrate was directed to send its report qua the genuineness of the

compromise.

3. Pursuant to the aforesaid order, parties have appeared before the

learned Judicial Magistrate 1st Class, Rajpura and got their statements recorded.

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

report dated 20.03.2024 to the effect that the compromise has been effected

between the parties voluntarily and without any coercion or undue influence.

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Neutral Citation No:=2024:PHHC:082353

CRM-M-5879-2024(O&M)

4. Report has been received from the concerned Magistrate and has

been perused. It is emanating from the report that petitioner no.1 was neither

cited as an accused in the FIR nor challan has been presented against her,

therefore, at this stage, learned counsel for the petitioners seeks withdrawal of

the petition qua petitioner no.1. In view of this statement, the petition may be

dismissed as withdrawn qua petitioner no.1. Hence, the petition is dismissed as

withdrawn qua petitioner no.1.

5. Learned State counsel as well as counsel for respondent No.2

have not disputed the factum of compromise between the parties.

6. In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant FIR.

7. 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 FIR No.0085 dated 09.11.2016 under

Sections 325, 323, 506, 148, 149 of IPC, 1860 registered at Police Station

Kheri Gandian, District Patiala and all subsequent proceedings arising

therefrom on the basis of compromise dated 13.10.2023 (Annexure P-2) are

quashed qua petitioners no.2 to 7.

( MANISHA BATRA ) 03.07.2024 JUDGE Deepak Patwal

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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