Pardeep Kumar vs State of Punjab - 2023 Supreme(P&H) 2323

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2323

JAGMOHAN BANSAL
Pardeep Kumar – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. Manu Loona, Advocate; For the Petitioner
For the Respondents: Mr. Digvijay Nagpal, AAG, Punjab.
Mr. Aseem Kaushal, Advocate for Mr. Yeseen Sethi, Advocate, for Respondent No.2.

JUDGMENT

Jagmohan Bansal, J. (Oral)

The instant petition, on the basis of compromise dated 16.04.2022 (Annexure P-4), is filed under Section 482 Cr.P.C., seeking quashing of judgment dated 21.12.2017 (Annexure P-1) in Criminal Complaint No.165-1/28.09.2015 under Sections 406 and 498A of IPC, Police Station Sadar Fazilka, District Fazilka whereby Chief Judicial Magistrate, Fazilka, has convicted the petitioner under Section 498A of IPC.

2. In terms of order dated 05.05.2022 of this Court, Additional Chief Judicial Magistrate, Fazilka, has submitted his report dated 30.08.2022. The relevant extracts of the report are as below:

"i) That as per the requisitioned appeal file, the criminal complaint was filed against six accused but only accused/petitioner Pardeep Kumar was summoned and subsequently convicted vide judgment dated 21.12.2017 by the Court of learned CJM, Fazilka. The said Pardeep Kumar appeared before this Court and has made statement in support of the compromise. None of the accused has been declared as absconder/P.O. in this case.

ii) That as per the requisitioned appeal file, complainant Rajwinder Kaur had filed the criminal complaint and she has appeared and made her st

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