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Sanjay Gokal vs State Of Punjab And Anr on 13 May, 2019

276.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-4530-2019
Date of decision:13.05.2019

SANJAY GOKAL … Petitioner

Versus

STATE OF PUNJAB AND ANR. …. Respondents

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-

Present: Mr. Lakhvir Kumar, Advocate, for
Mr. Paramjit Singh Bal, Advocate,
for the petitioner.

Mr. Jagmohan Ghumman, DAG, Punjab,
for respondent No.1.

Ms. Pooja Arora, Advocate,
for respondent No.2.

—-

HARI PAL VERMA, J.(Oral)

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

quashing of Criminal Complaint No.COMI 37212/2013 dated 26.04.2013

registered under Sections 406, Section420, Section425, Section415, Section423, Section354, Section186 and Section120-B of

IPC pending before the Court of Additional Chief Judicial Magistrate,

Ludhiana and summoning order dated 30.11.2016 (Annexure P-2) whereby

petitioner has been summoned under Section 354 IPC, on the basis of

compromise dated 04.01.2019 (Annexure P-3).

This Court vide order dated 04.02.2019 had directed the parties

to appear before the Illaqa Magistrate/trial Court to get their statements

recorded and the learned Magistrate was directed to send its report qua the

genuineness of the compromise.

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Pursuant to the aforesaid order, parties have appeared before

learned Additional Chief Judicial Magistrate, Ludhiana and got their

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

Magistrate has submitted report dated 02.03.2019 to the effect that the

compromise is genuine and has been effected between the parties voluntarily

and without any pressure or undue influence.

Respondent No.2-complainant, namely, Ramneet Kaur has

already made her statement with regard to compromise before learned

Magistrate on 28.02.2019. The same is reproduced as under:-

“Stated that I am complainant in this criminal complaint
case and only two accused namely Sanjay Gokal and Charanvir
Sohal were summoned for offence punishable under Section
354 IPC, in this case. Now matter has been compromised
between me and accused Sanjay Gokal only. Compromise is
already submitted with the Hon’ble High Court. I have
compromised the matter voluntarily, with my free will, without
any pressure from any side. Charanvir Sohal is appearing in
this court and no accused is proclaimed offender in this case. I
have no objection if proceedings of present complaint are
quashed against accused Sanjay Gokal, only. Copy of my
Adhar Card is Ex.C1. “

Learned State counsel as well as learned 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 case.

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

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Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10

SCC 303, this petition is allowed and Criminal Complaint No.COMI

37212/2013 dated 26.04.2013 registered under Sections 406, Section420, Section425, Section415,

Section423, Section354, Section186 and Section120-B of IPC pending before the Court of Additional

Chief Judicial Magistrate, Ludhiana and summoning order dated 30.11.2016

(Annexure P-2) whereby petitioner has been summoned under Section 354

IPC, are quashed qua the petitioner on the basis of compromise dated

04.01.2019 (Annexure P-3).

(HARI PAL VERMA)
JUDGE
13.05.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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