High CourtsSingle Bench(2021) 02 P&H CK 0316

Deepak Kumar @ Deepa vs State Of Punjab And Another

Punjab And Haryana At Chandigarh · Decided on 25 February 2021

HON’BLE JUDGES
Anupinder Singh Grewal, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 29949 Of 2020

AI Structured Summary

Not yet generated for this judgment

Judgment

20 paragraphs · 370 words

Anupinder Singh Grewal, J

Heard through video conferencing.

The petitioners are seeking quashing of FIR No.94 dated 25.06.2020 under Sections 363, 366-A IPC, registered at Police Station Maqsudan, District

Jalandhar Rural and subsequent proceedings, on the basis of compromise dated 12.07.2020 (Annexure P-2), which has been arrived at between the

parties.

Learned counsel for the petitioner contends that it is alleged that daughter of the complainant was not at their home at 01:00 p.m. and they started

searching her. She was found standing near the glucose factory of the village at 05:00 p.m. It is also alleged that the daughter of the complainant was

taken by the petitioner on his motorcycle on the pretext of marriage. He, however, contends that there is no allegation that any harm was caused to

the daughter of the complainant. The petitioner is not involved in any other case. With the intervention of the respectable, the matter has been

compromised. He has referred to the copy of the compromise at Annexure P-2.

Learned counsel for respondent No.2 states that the matter has indeed been compromised.

This Court vide order dated 06.01.2021 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements and

send a report as to whether the compromise has been arrived at without any coercion or undue influence. The report of the Judicial Magistrate Ist

Class, Jalandhar dated 22.01.2021 has been received, wherein it is stated that in pursuance to the order of this Court, the statements of the parties

were recorded which indicates that compromise which has been effected is genuine, voluntary and without undue influence.

In view of the above and the matter having been compromised with the intervention of the respectables, it would be in the interest of justice to quash

the FIR against the petitioner.

In view of the law laid down by the Supreme Court in the case of Narinder Singh vs. State of Punjab 2014 (6) SCC 466, no useful purpose will be

served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No.94 dated 25.06.2020 under Sections 363, 366-A IPC,

registered at Police Station Maqsudan, District Jalandhar Rural and all consequential proceedings are hereby quashed qua the petitioner.