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High Court of Punjab and HaryanaCRM-M/27809/2017disposed of

Karan And ORS v. State Of Punjab And ORS

2018-02-07Ms. Justice Ritu Bahri2 pages

CRM-M-27809-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-27809-2017 Date of decision:- 07.02.2018 Karan and others .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. A.S. Khinda, Advocate for the petitioners.

Mr. Harbir Sandhu, AAG, Punjab.

Mr. D.S. Nigha, Advocate for respondent No.2.

**** MAHABIR SINGH SINDHU , J. (ORAL) Present petition is filed praying for quashing FIR No.88 dated 27.09.2013, under Sections 457 and 380 IPC, registered at Police Station Begowal, District Kapurthala, on the basis of compromise entered into between the parties.

2.

Heard.

3.

Both the parties were directed by this Court vide order dated 02.08.2017 to appear before the learned trial Court/Illaqa Magistrate and get their statements recorded and in pursuance thereof, learned Judicial Magistrate 1st Class, Kapurthala, recorded the statements of both the Naresh Kumar 2018.02.12 16:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-27809-2017 -2parties and submitted a report dated 07.09.2017. A perusal of the report reveals that the compromise entered into between the parties is without any coercion or undue influence. Even as on today the parties are not disputing the factum of compromise arrived at between them. 4.

No objection has been raised by the learned State counsel on a specific query put to him by the Court with regard to quashing of the FIR as well as all other consequential proceedings on the basis of the compromise effected between the parties in this case. 5.

Inasmuch as the dispute between the parties has been amicably settled and they have already entered into compromise, and the fact that no objection has been raised by the State, continuance of the prosecution would be an exercise in futility. Therefore, the aforesaid FIR and all consequent proceedings resulting therefrom, qua petitioners only, are quashed.

6.

Petition is allowed.

( MAHABIR SINGH SINDHU) February 07, 2018 JUDGE naresh.k Whether reportable?

No Whether reasoned/speaking?

Yes Naresh Kumar 2018.02.12 16:57 I attest to the accuracy and integrity of this document Chandigarh