Mohd Arshad @ Arshad Khan @ Assu And ORS v. State Of Punjab And ANR
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0 1 23 0304 * * * * Present : Mr. D. S. Malwai, Advocate for the petitioners. Mr. K. S. Aulakh, Assistant Advocate General, Punjab. Mr. Narinder Singh, Advocate for respondent No.2. * * * * The instant petition is for quashing of FIR No.89 dated 06.05.2008 registered under Sections 406, 4980A and 506 IPC at Police Station Malerkotla, District Sangrur (Annexure P01) and the consequent proceedings arising out of the same, on the basis of written compromise (Annexure P02) arrived at between the parties. Learned counsel for the petitioner submits that petitioner No.3 has since died and her name be deleted from the memo of parties.
Reader to make necessary correction in the memo of parties.
Report has been received from learned SDJM, Malerkotla after statements of the parties were recorded regarding the
compromise. Learned SDJM has reported that the compromise is voluntary and without any pressure or coercion. Learned SDJM has also sent copy of the statements of parties.
Learned counsel for the State on instructions submits that petitioners No.1 and 2 are the only accused as petitioner No.3 was found innocent and had died and respondent no.2 is the only aggrieved person in this FIR.
No useful purpose would be served to keep the FIR pending.
In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in
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, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
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RAJ KUMAR 2015.10.16 13:05 I attest to the accuracy and integrity of this document