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2014 DIGILAW 1673 (PNJ)

Manjot Singh @ Joyti v. State of Punjab

2014-12-03

JITENDRA CHAUHAN

body2014
JUDGMENT Mr. Jitendra Chauhan, J. (Oral) - Short reply filed on behalf of respondent No.2, in the Court is taken on record. 2. This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing FIR No.36 (Annexure P-1) dated 29.08.2010, registered under Sections 354 read with Section 34 IPC, at Police Station Begowal, District Kapurthala, and all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 3. Heard. 4. Vide order dated 10.10.2014, the parties were directed to appear before the trial Court, for getting their statements recorded. In compliance thereof, report of Chief Judicial Magistrate, Kapurthala, dated 20.11.2014, has been received. 5. Perusal of the report reveals that the statements of the petitioner as well as the mother of the complainant, namely, Ranjit Kaur wife of Kashmir Singh has been recorded before the learned Chief Judicial Magistrate, Kapurthala on 17.11.2014. The respondent is residing abroad and during her stay in this country, she had executed her sworn affidavit (Annexure P-3), wherein she has categorically stated that the matter between her and the petitioner stands settled vide statement of compromise (Annexure P-2) and the same was duly signed. Mrs. Ranjit Kaur, mother of the complainant, present in the Court and she states that her daughter has solemnized marriage with Lakhwinder Singh son of Piara Singh, village Raipur Pir Baksh, District Kapurthala. Both the parties are residing in the close vicinity of each other. As the matter is amicably settled and she has been authorized by the complainant to state before this Court that she does not wish to pursue the matter. 6. Though, the statements of the petitioner and the mother of the complainant-Ranjit Kaur were recorded, but keeping in view the fact that only the affidavit of the respondent was tendered and the learned Chief Judicial Magistrate was not satisfied and has opined that no compromise between the parties has been reached. However, taking a realistic view of the matter and the fact that the complainant is settled abroad and is a working woman had duly sworn an affidavit with regard to the compromise. This Court feels that the compromise reached between the parties can be fully relied upon. Accordingly, the present petition is allowed. However, taking a realistic view of the matter and the fact that the complainant is settled abroad and is a working woman had duly sworn an affidavit with regard to the compromise. This Court feels that the compromise reached between the parties can be fully relied upon. Accordingly, the present petition is allowed. FIR No.36 (Annexure P-1) dated 29.08.2010, registered under Sections 354 read with Section 34 IPC, at Police Station Begowal, District Kapurthala, is hereby quashed qua the present petitioner. ---------0.B.S.0------------ —————————