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High Court of Punjab and HaryanaCRM-M/9061/2019allowed

Gurmail Singh And Others v. State Of Punjab And Another

2021-03-25Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-9061 of 2019 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-9061 of 2019 (O&M) Date of Decision: 25.03.2021 Gurmail Singh And Others ......Petitioners

Versus

State of Punjab Another .....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Vishal Goel, Advocate, for the petitioners.

Mr. Bhupender Beniwal, AAG, Punjab.

Mr. Bhupender Singh, Advocate, for respondent No.2.

HARINDER SINGH SIDHU, J CRM-9114-2021 Prayer is for preponement of date of hearing. Notice of the application.

Mr. Bhupender Beniwal, AAG, Punjab and Mr. Bhupender Singh, Advocate, accept notice on behalf of respondent No.1-State and respondent No.2 respectively.

Heard.

Application is allowed and the matter is taken up for hearing today itself.

Main case Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.28 dated 16.02.2019 under Sections 328, 406, 498MANOJ KUMAR 2021.03.27 10:48 I attest to the accuracy and integrity of this document

CRM-M-9061 of 2019 (O&M) #2# A and 34 IPC 1860, registered at Police Station Sadar Patiala, District Patiala (Annexure-P1) and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise deed.

Vide order dated 13.02.2020, the parties were directed to appear before the trial Court/Area Magistrate on 19.03.2020 for getting their statements recorded with regard to the compromise and trial Court was to sent its report.

A report dated 23.03.2020 of learned Addl. Chief Judicial Magistrate, Patiala has been received. As per the report, the parties had appeared before learned Addl. Chief Judicial Magistrate, Patiala and got recorded their statements regarding compromise. Learned Magistrate has stated that she is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

Accordingly, the present petition is allowed. FIR No.28 dated 16.02.2019 under Sections 328, 406, 498-A and 34 IPC 1860, registered at Police Station Sadar Patiala, District Patiala, along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners. March 25, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2021.03.27 10:48 I attest to the accuracy and integrity of this document