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High Court of Punjab and HaryanaCRM-M/27080/2017allowed

Dani Masih And ORS v. State Of Punjab And ANR

2017-11-03Mrs Justice Daya Chaudhary2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-27080-2017 (O&M) Date of decision: 03.11.2017 Dani Masih & ors.

..... Petitioners

Versus

State of Punjab & anr.

..... Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Dheeraj Mahajan, Advocate for the petitioners.

Mr. Rana Harjasdeep Singh, AAG, Punjab.

Mr. Bhim Singh, Advocate for respondent No.2.

***** RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No.28 dated 09.04.2014 (Annexure P-1) registered under Sections 325, 323, 148, 149, 34 IPC at Police Station Kahnuwan, District Gurdaspur on the basis of compromise dated 12.07.2017 (Annexure P-2) effected between the parties. 2.

Vide order dated 31.07.2017, 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, Gurdaspur and got recorded their statements qua compromise. Report from the Judicial Magistrate Ist Class, Gurdaspur, vide letter No.371 dated 21.08.2017, has been received through the Ld. District & Sessions Judge, Gurdaspur vide Endst. No.11069 dated 22.08.2017. According to Sonia Bura 2017.11.07 12:01 I attest to the accuracy and integrity of this document chandigarh

CRM-M-27080-2017 (O&M) -2the report of the learned Judicial Magistrate Ist Class, Gurdaspur, the compromise arrived at between the parties is voluntary, without undue influence, pressure or coercion, being outcome of their free will and consent.

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.28 dated 09.04.2014 (Annexure P-1) qua the petitioners, is quashed. November 03, 2017 ( RAMENDRA JAIN ) sonia JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Sonia Bura 2017.11.07 12:01 I attest to the accuracy and integrity of this document chandigarh