High CourtsSingle Bench(2020) 12 P&H CK 0352

Jeewan Kumar vs State Of Punjab And Another

Punjab And Haryana At Chandigarh · Decided on 21 December 2020

HON’BLE JUDGES
Gurvinder Singh Gill, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 38639 Of 2020 (O&M)

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Judgment

16 paragraphs · 276 words

Gurvinder Singh Gill, J

1.

The petitioner has approached this Court seeking quashing of FIR No.60 dated 16.3.2020 registered at Police Station City Moga under Section 354-

A of Indian Penal Code and Sections 3 and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocicies) Act, 1989 and all subsequent

proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 24.11.2020, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded

qua the factum of compromise.

3.

Report of learned Additional District & Sessions Judge, Moga has been received, wherein it has been reported that the statements of

petitioner/accused Jeewan Kumar and also of complainant Jaspreet Kaur have been recorded to the effect that they have compromised the matter

amongst themselves.

4.

The complainant Jaspreet Kaur in her statement has stated that she has no objection in case the FIR in question is quashed.

5.

The learned Additional District & Sessions Judge, Moga has specifically opined that the parties have entered into compromise voluntarily without

there being any pressure, coercion or undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder

Singh and others Vs. State of Punjab ,the present petition is allowed and FIR No.60 dated 16.3.2020 registered at Police Station City Moga under

Section 354-A of Indian Penal Code and Sections 3 and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocicies) Act, 1989 and all

subsequent proceedings emanating therefrom are hereby quashed qua petitioner.