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High Court of Punjab and HaryanaCRM-M/21138/2018disposed of

Balwinder Singh @ Nika And Others v. State Of Punjab And Others

2019-05-09Mr. Justice Ramendra Jain2 pages

CRM-M-21138 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-21138 of 2018 DATE OF DECISION:-09.05.2019 BALWINDER SINGH @ NIKA AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ORS.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Ms. Guneet Babbar, Advocate, for the petitioners.

Ms. Sudeepti Sharma, Addl.AG, Punjab.

Mr. TPS Makkar, Advocate, for respondents No.2 and 3.

*** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.187 dated 13.11.2015, registered under Section 67 of the Information and Technology Act, 2000 and Sections 497, 500 and 120-B IPC (offence under Sections 384, 506 IPC later on added), at Police Station Guruharsahai, District Ferozepur (P-1) and all subsequent proceedings arising therefrom, on the basis of compromise dated 09.05.2018 (P-2).

Pursuant to order dated 15.03.2019 of this Court, the parties appeared before the trial Court on 04.05.2019 along with receipts of `15,000/- to get their statements recorded. Learned Sub-Divisional Judicial Magistrate, Guruharsahai, has submitted her report vide letter SONIKA 2019.05.14 12:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-21138 of 2018 --2-- bearing No.125 dated 06.05.2019 duly forwarded by learned District and Sessions Judge, Ferozepur, vide letter bearing No.4306/B dated 07.05.2019.

According to the report, ld. Sub-Divisional Judicial Magistrate, Guruharsahai, is satisfied that the compromise has been arrived at between the parties and same appears to be genuine, voluntarily, without any pressure or coercion, fear or threat. No accused has been declared as proclaimed offender.

Considering the report of ld. Sub-Divisional Judicial Magistrate, Guruharsahai, dated 06.05.2019 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.187 dated 13.11.2015 along with all subsequent proceedings arising therefrom, is quashed qua the petitioners only. Disposed of accordingly.

09.05.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.05.14 12:39 I attest to the accuracy and authenticity of this document Chandigarh