Punjab-Haryana High Court
Angrej Kaur Gill vs State Of Punjab And Others on 18 October, 2023
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
Neutral Citation No:=2023:PHHC:136196
2023: PHHC: 136196
272
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.18234 of 2019 (O&M)
Date of decision: 18th October, 2023
Angrej Kaur Gill & others
... Petitioners
Versus
State of Punjab & others
... Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Ashish Gupta, Advocate for the petitioners.
Mr. Mohit Kapoor, Addl. Advocate General, Punjab
for the respondent/State.
Mr. Varun Gupta, Advocate for respondents No.2 to 4.
MANJARI NEHRU KAUL, J. (ORAL)
1. The instant petition has been filed under Section 482 Cr.P.C. for quashing complaint bearing SC No.45 dated 29.07.2005 (Annexure P-
1) under sections 148, 325, 324, 323 read with Section 149 IPC which has been recorded as cross version in FIR No.93 dated 21.06.2003 registered under Sections 307, 325, 323 read with Section 34 IPC at Police Station Baghapurana, District Moga along with all consequential proceedings arising therefrom on the basis of compromise dated 06.04.2019 (Annexure P-3) effected between the parties.
2. Vide order dated 14.05.2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get 1 of 3 ::: Downloaded on - 19-10-2023 03:41:41 ::: Neutral Citation No:=2023:PHHC:136196 CRM-M No.18234 of 2019 (O&M) 2023: PHHC: 136196 2 their statements recorded regarding the compromise arrived at, between them.
3. Report has since been received from learned Additional Sessions Judge, Moga, in pursuance of the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he would have no objection if the complaint qua the accused-petitioners is quashed.
4. The trial Court has annexed the statements of the parties in original, alongwith its report.
5. Learned State counsel too submits that there are no other accused other than the petitioners and respondents No.2 to 4 are the only aggrieved persons in the complaint in question.
6. In view of the report of the learned Additional Sessions Judge, Moga and the principles laid down by the Apex Court in 'Gian 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 v. State of Punjab and another' 2007 (3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid complaint and all consequential proceedings arising out of it qua the petitioners, are quashed.
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7. Needless to say, the parties shall remain bound by the terms of compromise and their statements recorded before the Court below.
(MANJARI NEHRU KAUL)
JUDGE
October 18, 2023
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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