Sharif Mohammed And ORS v. State Of Punjab And Another

Crl.M.No.10512 of 2022 in/and CRM-M-15368 of 2021 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl.M.No.10512 of 2022 in/and CRM-M-15368 of 2021 (O&M) Date of Decision: 25.03.2022 Sharif Mohammed and Ors.

......Petitioners

Versus

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

Present:

Mr. Aditya Partap Singh, Advocate for the petitioners. Mr. B.S. Sewak, Addl.AG, Punjab.

Ms. Sumiti, Advocate for respondent No.2.

HARINDER SINGH SIDHU, J Crl.M.No.10512 of 2022 Prayer is for preponing the date of hearing.

Notice of the application.

Mr. B.S. Sewak, Addl.AG, Punjab and Ms. Sumiti, Advocate accept notice on behalf of respondent-State of Punjab and respondent No.2 respectively.

For the reasons recorded in the application, which is supported by an affidavit, the same is allowed and the matter is taken up on board today itself.

Main case Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.4 dated 29.03.2017 under Sections 447,379,427 IPC registered at P.S Dhar Kalan, Tehsil and District Pathankot and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise.

MANOJ KUMAR 2022.03.29 12:58 I attest to the accuracy and integrity of this document

Crl.M.No.10512 of 2022 in/and CRM-M-15368 of 2021 (O&M) #2# Vide order dated 07.04.2021, the parties were directed to appear before the trial Court/Area Magistrate on 12.05.2021 for getting their statements recorded with regard to the compromise and the learned Magistrate was directed to send a report about the genuineness and veracity of the compromise.

A report dated 07.07.2021 of learned Chief Judicial Magistrate, Pathankot has been received. As per the report, the parties had appeared before learned Magistrate and got recorded their statements regarding compromise. Learned Magistrate has stated that he 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.4 dated 29.03.2017 under Sections 447,379,427 IPC registered at P.S Dhar Kalan, Tehsil and District Pathankot along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners. March 25, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.03.29 12:58 I attest to the accuracy and integrity of this document