Harpreet Kaur And Anr vs State Of Punjab And Anr
2024 Latest Caselaw 16002 P&H

Punjab-Haryana High Court

Harpreet Kaur And Anr vs State Of Punjab And Anr on 2 September, 2024

                                Neutral Citation No:=2024:PHHC:114791




CRM-M No. 59949 of 2022          1

        IN THE HIGH COURT OF PUNJAB & HARYANA
                      AT CHANDIGARH
268
                                             CRM-M No. 59949 of 2022
                                             Date of Decision: 02.09.2024

Harpreet Kaur and another                                    .....Petitioners


                                        Versus

State of Punjab and another                               .....Respondents


CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present:    Mr. Raghav Bali, Advocate for
            Mr. Pankaj Bali, Advocate for the petitioners.

            Mr. Satjot Singh, AAG, Punjab.

            Mr. Sikandh Mehta, Advocate for
            Mr. Ankit Aggarwal, Advocate for respondent No. 2.

                                 ****

MANISHA BATRA, J.(ORAL)

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

of Criminal Procedure for quashing of FIR No.307 dated 05.11.2016

registered under Sections 406, 420, 467, 468, 471 and 120-B of IPC at

Police Station City Khanna, District Khanna and all the subsequent

proceedings arising therefrom, on the basis of compromise dated 15.11.2022

(Annexure P-3).

2. This Court vide order dated 22.12.2022 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 Sub Divisional Judicial Magistate, Khanna and got their statements

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

1 of 2

Neutral Citation No:=2024:PHHC:114791

submitted report dated 17.02.2023 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence.

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

have not disputed the factum of compromise between the parties.

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

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

6. 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.307 dated 05.11.2016

registered under Sections 406, 420, 467, 468, 471 and 120-B of IPC at

Police Station City Khanna, District Khanna and all subsequent proceedings

arising therefrom on the basis of compromise dated 15.11.2022 (Annexure

P-3) are quashed qua the petitioners.

02.09.2024                                 (MANISHA BATRA)
Rajeev (rvs)                                   JUDGE

               Whether speaking/reasoned                Yes/No
               Whether reportable                       Yes/No




                                  2 of 2