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2025 DAILYLAW 45673 (PNJ)

JATINDER KAUR AND ANOTHER v. HAKAM SINGH AND ANOTHER

CRM-M/21393/2025 · 2025-05-12

Sandeep Moudgil

body2025

Judgment text

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293 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21393-2025 DECIDED ON: 12.05.2025 JATINDER KAUR AND ANOTHER .....PETITIONER(s) VERSUS HAKAM SINGH AND ANOTHER .....RESPONDENT(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Gaurav Vir Singh Behl, Advocate for the petitioners. Ms. Raageshwari Sharma, Advocate for respondent No. 1. Mr. Sandeep Singh, AAG, Punjab. *** SANDEEP MOUDGIL, J (ORAL) This is a petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the complaint No. COMI/335/2013 dated 17.12.2013 (Annexure P-1) and impugned judgment of conviction dated 15.09.2018 (Annexure P-2) on the basis of compromise dated 04.04.2025 (Annexure P-3). During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. Anuradha 2025.05.15 06:59 I attest to the accuracy and integrity of this document CRM-M-21393-2025 2 Vide order dated 24.04.2025, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. The report dated 08.05.2025 has been received from Judicial Magistrate First Class, Dhuri, stating that the parties have entered into a compromise, which is genuine, voluntary and without any coercion or undue influence. Learned counsel, for the petitioner submits that since the matter has been amicably settled between the parties, therefore, the parties may be permitted to compound the offence; and by setting aside the judgment/order passed by the Court below, the petitioner be ordered to be acquitted of the charges. Learned counsel appearing on behalf of the respondent No.1 does not dispute the compromise arrived at between the parties. He has expressed his no objection for compounding of the offence as prayed by the counsel for the petitioner. In view of the above, finding the prayer of the petitioner to be genuine and in view of the fact that the matter has been amicably settled between the parties, this Court finds that it would not be unjustified if the offence, for which the petitioner has been convicted, is permitted to be compounded. Accordingly, the present petition is allowed. Necessary permission for compounding of offence for which the petitioner was convicted and sentenced by the trial Court, is granted. As a result of compounding, the judgment of conviction dated 15.09.2018 (Annexure P-2) Anuradha 2025.05.15 06:59 I attest to the accuracy and integrity of this document CRM-M-21393-2025 3 and complaint No. COMI/335/2013 dated 17.12.2013 (Annexure P-1) as well as all subsequent proceedings arising therefrom, on the basis of compromise dated 04.04.2025 (Annexure P-3), is quashed qua the petitioners. (SANDEEP MOUDGIL) 12.05.2025 JUDGE anuradha Whether speaking/reasoned Yes/No Whether reportable Yes/No Anuradha 2025.05.15 06:59 I attest to the accuracy and integrity of this document