LAWS(P&H)-2019-3-332

SANDEEP KAUR Vs. STATE OF PUNJAB

Decided On March 07, 2019
Sandeep Kaur Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.105 dtd. 20/12/2017 registered under Ss. 420, 465, 467, 471 of the Indian Penal Code (for short 'the IPC') at Police Station Smalsar, District Moga and all subsequent proceedings arising therefrom, on the basis of compromise, arrived at between the parties.

(2.) Vide order dtd. 8/1/2019, the parties were directed to appear before the Illaqa Magistrate, for getting their statements recorded; as to the genuineness of the compromise. In compliance thereof, report of Sub Divisional Judicial Magistrate, Baghapurana, dtd. 28/1/2019, has been received, wherein, it has been noticed that the compromise arrived at between the parties is genuine, voluntarily, without any pressure or coercion. It is further submitted that no criminal proceedings are pending against the parties.

(3.) Learned counsel for the petitioners has relied upon the judgment of the Supreme Court in Criminal Appeal No.199 of 2018 arising out of Special Leave Petition (Criminal) No.978 of 2018; Smt. Anita Maria Dias and another v. State of Maharashtra and another to contend that even the offence under Ss. 406, 420, 467, 471 of IPC can be quashed on the basis of compromise.