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High Court of Punjab and HaryanaCRM-M/16656/2017allowed

Neelam And ANR v. State Of Punjab And ORS

2017-10-26Mrs Justice Daya Chaudhary2 pages

CRM-M-16656-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-16656-2017 Date of decision: 26.10.2017 Neelam and another ..... Petitioners

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. SS Kainth, Advocate for Mr. Chandan Dhinga, for the petitioners.

Ms. Jaspreet Kaur, AAG, Punjab.

Mr. Abhishek Kaushik, Advocate for Mr. DD Sharma, Advocate for respondents No. 2 and 3. RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 199 dated 04.11.2013 (Annexure P-1) registered under Sections 323 and 452 read with Section 34 IPC at Police Station Lalru, District SAS Nagar, Mohali and all subsequent proceedings arising therefrom, on the basis of compromise dated 03.03.2017 (Annexure P-2) effected between the parties.

2.

Vide order dated 11.05.2017, parties were directed to appear before the trial Court, to get their statements recorded for compromise with a direction to the trial Court to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Dera Bassi and got recorded their statements qua compromise. Report from the Judicial Magistrate Ist Class, Dera Bassi, vide letter Rishu Kataria 2017.10.27 17:37 I attest to the accuracy and authenticity of this document

CRM-M-16656-2017 -2No. 184 dated 24.05.2017, duly forwarded by learned District and Sessions Judge, SAS Nagar, vide Endst. No. 4880 dated 30.05.2017, has been received. According to the report of the learned Judicial Magistrate Ist Class, Dera Bassi, the compromise between the parties is genuine, voluntary and without any coercion or undue influence.

4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, the petition is accepted and the aforesaid FIR No. 199 dated 04.11.2013 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners, is quashed.

October 26, 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2017.10.27 17:37 I attest to the accuracy and authenticity of this document