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High Court of Punjab and HaryanaCRM-M/15679/2021allowed

Mohd Dishad And Others v. State Of Punjab And Another

2022-10-12Mr. Justice Pankaj Jain5 pages

       



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7-8 -/ !-!)..%'%  3 "By this petition, the petitioners seek quashing of FIR No.167, dated 30.11.2020, registered at Police Station City-I, Malerkotla, District Sangrur, alleging therein the commission of offences punishable under the provisions of Sections 323/324/34 of the IPC (with Section 326 of the IPC added later), as also all other subsequent proceedings arising therefrom, on the basis of a compromise (Annexure P-2), arrived at between the petitioners and respondent no.2.

Notice of motion be issued to the respondents.

On the asking of the Court, Mr.Ramdeep Partap Singh, DAG, Punjab, accepts notice on behalf of the respondent State.

A copy of the petition be supplied to him today itself by learned counsel for the petitioners. Adjourned to 28.07.2021.

Respondent no.2 be served by way of normal process.

In the meanwhile, the petitioners, as also respondent no.2, would appear before the learned Area Magistrate/trial Court (as the case may be) up to 27.05.2021 to record their statements. That Court would satisfy itself with regard to the authenticity of the compromise and the fact that it has been arrived at without any kind of undue influence or pressure, and would thereafter send its report to this Court, before the next date of hearing.

That Court would also verify whether there is any other person involved in the occurrence, who is not a party to the present petition and whose consent for the compromise would be required, if this Court comes to the conclusion that the FIR sought to be quashed can be so quashed.

A gazetted officer is directed to file an affidavit stating therein whether there are any other criminal cases registered against the petitioners, of like nature or otherwise.

The reply shall also annex therewith the MLRs issued, showing the kind of injuries received by the victims and the opinion of the doctor thereon." ,

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4 '   ..' ' , are, hereby, quashed qua the petitioners.

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