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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDI GARH
CRM-M-8892 of 2020
Decided on : 07.04.2021
Ranvir Singh ….. Petitioner
Versus
State of Punjab anr. …… Respondents
CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present : Mr.Akhil Kashyap, Advocate, for
Mr.P.K.Kataria, Advocate, for the petitioner.
Mr.Prabhjot Singh Walia, AAG, Punjab.
Mr.Anish Verma, Advocate, for
the complainant/respondent No.2.
****
Manjari Nehru Kaul, J.
The instant petition has been filed under Section 482 Cr.PC
for quashing of FIR No.56 dated 20.09.2016 under Sections 406, 498A
IPC, registered at Police Station Rawalpindi, District Kapurthala and
all the consequential proceedings arising out of the same, on the basis
of compromise deed dated 03.02.2020 (Annexure P-2) arrived at,
between the parties.
Vide order dated 28.02.2020 of this Court, the parties were
directed to appear before the learned trial Court/Illaqa Magistrate on
27.03.2020 to get their statements recorded regarding the compromise
arrived at, between them but due to lock down, the parties could not
appear before the Court below for recording their statements with
regard to compromise. Thereafter, vide order dated 12.02.2021, both
the parties were directed to appear on 08.03.2021 before the Court
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below for recording their respective statements and the trial Court was
ordered to submit its report on or before 07.04.2021.
Report dated 12.03.2021 has since been received from the
learned Judicial Magistrate Ist Class, Phagwara, in pursuance to the
direction of this Court. As per the report, the complainant has got
recorded her statement with respect to compromise having been
effected with the petitioner. However, the trial Court has submitted
that the statement of the petitioner could not be recorded through video
conferencing as the requisite facilities were not available there.
Learned counsel for the complainant has submitted that
ever since the matter having been amicably settled between the parties
the complainant has been happily living in her matrimonial home at
Phagwara since February 2020, hence the present FIR along with all
the consequential proceedings arising out of the same may be quashed.
Learned State counsel also submits that there are no other
accused other than the petitioner and respondent No.2 is the only
aggrieved persons in the FIR in question.
In view of the report of the learned Judicial Magistrate Ist
Class, Phagwara, and the principles laid down by the Apex Court in
Gian SinghVs. State of Punjab and others (2012) 10 SCC 303, and also
by the Full Bench of this Court in Kulwinder Singh and others Vs.
State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant
petition is allowed. The aforesaid FIR and all consequential
proceedings arising out of it, are quashed.
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Needless to say the parties shall remain bound by the terms
of compromise.
(MANJARI NEHRU KAUL)
JUDGE
07.04.2021
anil
Whether speaking/reasoned : Yes/No
Whether reportable: Yes/No
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