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High Court of Punjab and HaryanaCRM-M/10636/2020allowed

Gurmakh Singh And ORS v. State Of Punjab And Others

2022-10-12Mr. Justice Pankaj Jain5 pages



   

      



   

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&&  9 "Prayer in this petition is for quashing of FIR No.105 dated 25.05.2006 registered at Police Station Dharamkot, District Moga, under Sections 323, 324, 447, 427, 148, 149 of IPC (later on added 326 of IPC) and Sections 25, 54, 59 of Arms Act (Annexure P-1) and judgment and order dated 20.01.2016 (Annexure P-2) along with all consequential proceedings arising

therefrom, on the basis of compromise (Annexure P3). Notice of motion for 29.05.2020.

At this stage, Mr. Gurmeet Singh Sekhon, Advocate accepts notice on behalf of respondents No.2 to 4 and has filed his Vakalatnama which is taken on record. He has admitted the factum of compromise effected between the parties.

The parties and Investigating Officer are directed to appear before the Illaqa Magistrate/trial Court on 17.04.2020 for getting statements recorded with regard to the compromise. The Illaqa Magistrate/trial Court shall submit the report on or before the next date of hearing. The report be forwarded to this Court specifying the following:- 1.

The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/P.O. in the case;

2.

the name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise;

3.

the stage of trial/proceedings;

4.

if the compromise is genuine, voluntary and out of free will of the parties.

5. Whether any other criminal case is pending against the accused.

Report of Illaqa Magistrate/trial Court be awaited for the date fixed."

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  , are, hereby, quashed qua the petitioners.

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