Punjab-Haryana High Court
Lakhwinder Singh And Ors vs Lakhwinder Kaur And Ors on 20 May, 2016
Author: Jaspal Singh
Bench: Jaspal Singh
CRM NO. M-44133 of 2015 - 1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.259
CRM NO. M-44133 of 2015
DECIDED ON : MAY 20, 2016
LAKHWINDER SINGH AND OTEHRS
....PETITIONERS
VERSUS
LAKHWINDER KAUR AND OTHERS
....RESPONDENTS
CORAM : HON'BLE MR. JUSTICE JASPAL SINGH
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present : Mr. L.S. Lakhanpal, Advocate,
for the petitioners.
Mr. L.S. Mann, Advocate,
for respondents No.1 & 2.
Mr. J.S. Sekhon, AAG, Punjab,
for respondent No.3.
JASPAL SINGH, J. (ORAL)
This is a petition under Section 482 of the Code of Criminal Procedure seeking quashing of Criminal Complaint Case No. 198, dated December 24, 2008, under Sections 450, 451, 452, 454, 455, 457, 357, 394, 395, 323, 324 & 34 IPC registered at Police Station Qadian, District Batala (Annexure P-1) and judgment dated January 14, 2015 passed by learned Magistrate, Batala (Annexure P-2) along with all subsequent proceedings arising therefrom, on the 1 of 2 ::: Downloaded on - 24-05-2016 00:08:41 ::: CRM NO. M-44133 of 2015 - 2- ***** basis of compromise dated October 29, 2015 (Annexure P-3). 2 Report of learned trial Court has been received, wherein, it has been categorically observed that the matter has been compromised between the parties with the intervention of respectables, with their own free will, without any coercion, pressure and the same appears to be genuine. Even otherwise, matter involved in these proceedings is personal in nature, which has been amicably put at rest.
3. So, in view of circumstances narrated above as well as the observations made in cases reported as Kulwinder Singh and others vs. State of Punjab and another; 2007(3) RCR (Criminal) 1052 and Narinder Singh and Others Vs. State of Punjab and Another (2014) 6 SCC 466, I am of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of the process of law and the present compromise is for the benefit of the parties and would certainly bring peace and harmony between them.
4. Consequently, instant petition stands allowed and Criminal Complaint Case No. 198, dated December 24, 2008, under Sections 450, 451, 452, 454, 455, 457, 357, 394, 395, 323, 324 & 34 IPC registered at Police Station Qadian, District Batala (Annexure P-1) and judgment dated January 14, 2015 passed by learned Magistrate, Batala (Annexure P-2) and all subsequent proceedings arising out of the same are quashed qua petitioners.
MAY 20, 2016 (JASPAL SINGH)
Ankur JUDGE
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