Punjab-Haryana High Court

Sandeep Kaur And Ors vs State Of Punjab And Anr on 3 May, 2024

                                      Neutral Citation No:=2024:PHHC:061402



                                                         2024:PHHC:061402

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

241                                           CRM-M-12489-2024
                                              Date of Decision:03.05.2024
SANDEEP KAUR AND ORS                                       .....Petitioners

                         Vs.

STATE OF PUNJAB AND ANOTHER                                .....Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Mr. Nitin Sharma, Advocate
            for the petitioners.
            Mr. Ramandeep Singh, Sr. DAG, Punjab.
            Mr. B.S. Jaswal, Advocate for respondent No.2.

                         ****
DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of DDR No.38 dated 08.08.2020 under Sections 323, 324, 506 and

34 of IPC in case FIR No.70 dated 08.08.2020, under Sections 323, 324,

341, 427 and 34 of IPC, registered at Police Station Mattewal, District

Amritsar Rural and all subsequent proceedings arising therefrom on the

basis of compromise deed dated 14.12.2023 (Annexure P-3).

This Court vide order dated 13.03.2024 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.

Pursuant to the aforesaid order, parties have appeared before

Judicial Magistrate Ist Class, Baba Bakala Sahib and got their statements

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

submitted report dated 16.04.2024 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

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Neutral Citation No:=2024:PHHC:061402

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undue influence.

Learned State counsel as well as 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 DDR No.38 dated 08.08.2020 under

Sections 323, 324, 506 and 34 of IPC in case FIR No.70 dated 08.08.2020,

under Sections 323, 324, 341, 427 and 34 of IPC, registered at Police Station

Mattewal, District Amritsar Rural and all subsequent proceedings arising

therefrom on the basis of compromise deed dated 14.12.2023 (Annexure P-

3) are quashed qua the petitioners.


                                                     ( DEEPAK GUPTA )
                                                          JUDGE
03.05.2024
pry


             Whether Speaking/reasoned          Yes/No
             Whether Reportable                 Yes/No




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