Allowed

Gurdev Kaur v. State of Punjab and Another

Punjab & Haryana HC14 Sept 2023CRM-M/10129/2023

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana, benching with Justice Arun Monga, allowed a petition seeking quashing of an FIR and conviction under Sections 279, 337, 338, and 427 of the IPC. The court exercised its inherent power under Section 482 Cr.P.C. to quash proceedings due to a voluntary compromise between the parties.

What did the court decide?

FIR No. 150 dated 12.11.2017 under Sections 279, 337, 338, and 427 of IPC and the judgment of conviction dated 13.08.2018 are quashed.

Gurdev Kaur Vs State of Punjab and Another — Cheque Dishonour | Punjab & Haryana HC (2023)

¶1

CRM-M-10129-2023 (O&M)

¶2

2023:PHHC:121499 -1-

¶3

259 IN THE HIGH COURT OF PUNJAB AND HARYANA AT

¶4

CHANDIGARH

¶5

CRM-M-10129-2023 (O&M) Date of decision: 14.09.2023

Gurdev Kaur

…Petitioner

State of Punjab and another …Respondents

¶10

CORAM: HON’BLE MR. JUSTICE ARUN MONGA

¶11

Present:Mr.Ajay Kumar Chaudhary, Advocate, for the petitioner.

¶12

Mr. Mohit Thakur, AAG, Punjab.

¶13

Mr.Sartaj Singh Thakur, Advocate for respondent no.2.

¶14

¶15

ARUN MONGA, J. (ORAL)

¶16

Petitioner seeks quashing of FIR No.150 dated 12.11.2017 (Annexure P-1) registered under Sections 279, 337, 338 and 427 of IPC, at Police Station Mahilpur, District Hoshiarpur, and all subsequent proceedings arising therefrom, and for setting aside judgment and order dated 13.08.2019 (Annexure P-2) passed by learned Judicial Magistrate Ist Class, Garhshankar in CIS No.93/2018, dated 01.06.2018, convicting petitioner for the commission of offences under Sections 279, 337 and 338 of IPC (while acquitting under Section 427 IPC) and sentencing her to undergo Rigorous Imprisonment for a period of 6 months, on the basis of compromise dated 01.02.2023 (Annexure P-4), which is stated to have been entered into between the parties.

¶17

Since quashing was sought on the basis of compromise, a co-ordinate Bench of this Court vide order dated 27.02.2023 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for.

¶18

Report dated 22.03.2023 of learned Civil Judge (Junior Division), Garhshankar, had been received. Report reveals that statements of complainant party i.e.

¶19

DHARAM VIR 2023.09.20 13:18 I attest to the accuracy and authenticity of this order/judgement.

¶20

1 of 3

¶21

CRM-M-10129-2023 (O&M)

¶22

2023:PHHC:121499 -2-

¶23

respondent No.2 as also of accused/present petitioner herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondent No.2 and accused/petitioner have arrived at a compromise voluntarily and without any coercion.

¶24

Learned counsel appearing on behalf of complainant/respondent No. 2also makes a statement that the compromise having been effected, he would have no objection to the quashing of the FIR in question.

¶25

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh¹ , a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others² ,Sunder and another versus State of Haryana and others³ ,Gurjit Singh and another versus State of Punjab and others⁴ and Bhan Singh and others versus State of Punjab and others⁵ .

¶26

Adverting back to the facts of the present case, it is apparent that the compromise has been arrived at between the parties without any coercion.

¶27

In the considered view of this Court, it would be an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of the impugned FIR.

¶28

For the reasons recorded above, the present petition is allowed. FIR No.150 dated 12.11.2017 (Annexure P-1) registered under Sections 279, 337, 338 and 427 of IPC, at Police Station Mahilpur, District Hoshiarpur, and all subsequent proceedings arising therefrom, and for setting aside judgment and order dated 13.08.2019 (Annexure P-2) passed by learned Judicial Magistrate Ist Class, Garhshankar in CIS No.93/2018,

¶29

1Criminal Appeal No.1489 of 2012

¶30

22007 (3) RCR (Criminal) 1052

¶31

32015 (26) R.C.R. (Criminal) 639

¶32

4 2020 (4) R.C.R. (Criminal) 549

¶33

DHARAM VIR2023.09.20 13:18 5 CRM-M-20712-2019, decided on 19.04.2022 I attest to the accuracy and authenticity of this order/judgement.

¶34

2 of 3

¶35

CRM-M-10129-2023 (O&M)

¶36

2023:PHHC:121499 -3-

¶37

dated 01.06.2018, convicting petitioner for the commission of offences under Sections 279, 337 and 338 of IPC (acquitting under Section 427 IPC) and sentencing her to undergo Rigorous Imprisonment for a period of 6 months, qua the petitioner, stand quashed.

¶38

Pending application(s), if any, shall also stand disposed of.

¶39

(ARUN MONGA) JUDGE

¶40

September 14, 2023 'D' vir

¶41

Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

¶42

DHARAM VIR 2023.09.20 13:18 I attest to the accuracy and authenticity of this order/judgement.

¶43

3 of 3

Gurdev Kaur v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Gurdev Kaur v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rohit Sehdev Vs State of Punjab

Sagar Sehdev Vs State of Punjab and Another

Sagar Sehdev Vs State of Punjab

Paramjit Kaur and Ors. Vs State of Punjab and Anr.

Karamveer Singh and Anr. Vs State of Haryana and Another

Dilbagh Singh@ Bagga Vs State of Punjab