IN THE HIGH COURT OF PUNJAB AND HARYANA
Decided on: 27.01.2020.
STATE OF PUNJAB AND ANOTHER
CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Piyush Khanna, Advocate
for the petitioner.
Mr. Sandeep Kumar, Advocate
for respondent No.2.
Ms. Jaspreet Kaur, AAG Punjab.
MANJARI NEHRU KAUL, J. (Oral)
The instant petition is for quashing of FIR No. 0030,
dated 12.02.2019, under Sections 498A 406 of IPC, registered at
Police Station Phagwara, District Kapurthala, and the consequential
proceedings arising out of the same, on the basis of written
compromise (Annexure P-2), arrived at, between the parties.
Vide order dated 09.09.2019 of this court, the parties
were directed to appear before the learned trial Court/Illaqa
Magistrate on 14.11.2019 to get their statements recorded regarding
the compromise arrived at, between them.
Report has since been received from the learned SDJM,
Phagwara, in pursuance to the direction of this Court. As per the
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report compromise has indeed been effected between the parties and
the same is without any pressure or coercion and out of their free will.
The Trial Court has annexed the statements of the parties in original
alongwith its report.
Learned State counsel too submits that there are no other
accused other than the petitioner and respondent No.2 is the only
aggrieved person in the FIR in question.
In view of the report of the Ld. SDJM, Phagwara and the
principles laid down by the Apex Court in Gain Singh Vs. 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.
Needless to say the parties shall remain bound by the
terms of compromise and their statements recorded before the Court
27.01.2020 (MANJARI NEHRU KAUL)
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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