Lovejeet Kumar Alias Love v. State Of Punjab And Another
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"The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 for quashing of FIR No. 131 dated 12.04.2017 registered under Sections 406, 420 of the Indian Penald Code, 1860, at Police Station Hariana, District Hoshiarpur and all subsequent proceedings arising there-from on the ground that the parties have since compromised the
matter vide compromise deed dated 04.03.2025 (Annexure P-2).
Learned counsel for the petitioners would contend that the coaccused of the petitioner have already compromised the matter earlier except the present petitioner on 29.05.2017, as the petitioner was in Dubai, UAE and could not sign the compromise deed dated 29.05.2017. Even the coaccused of the petitioner filed quashing petition i.e CRM-M-44618-2017 titled as "Rajinder Kumar and others vs. State of Punjab and others" in this Court and the same was allowed, vide order dated 15.03.2018 passed by this Court.
Learned counsel for the petitioner contends that the present petitioner was in Dubai, UAE at the time when the earlier compromise was effected with other coccused, vide compromise deed dated 29.05.2017 and now the matter stands compromised with the present petitioner as well. Respondent No. 2/complainant has agreed to get his statement recorded before the trial Court for quashing of the present FIR.
Learned counsel for the petitioner has relied upon the judgment passed by the Larger Bench of this Court in "Kulwinder Singh & Ors. Vs. State of Punjab & Anr." [2007 (3) RCR (Criminal) 1052].
Notice of motion.
On asking of the Court,
and Ms. Gunika Mahendru, Advocate, accept notice on behalf of respondent-State and respondent No. 2 respectively. Copy of the petition has already been supplied to both the counsel.
Learned counsel appearing for respondent No.2 has stated that the parties have voluntarily entered into a compromise and that the compromise is annexed as Annexure P-2 with the petition. She further states that respondent No.2 has no objection if the aforesaid FIR is quashed.
List on 08.05.2025.
Meanwhile, the parties are directed to appear before the concerned CJM/Illaqa Magistrate/Trial Court on 23.04.2025 or on any other date convenient to the Court, for recording of their statements. The CJM/Illaqa Magistrate/Trial Court is directed to record the statements of the parties to its satisfaction qua the genuineness of the compromise and that the same is not the result of any undue influence, coercion or pressure of any kind. A report, along-with the statements of the parties, on the following points be sent to this Court before the next date of hearing :
1) Whether the settlement/compromise dated 04.03.2025 (Annexure P-2) has been freely entered into between the parties without any undue influence, coercion or pressure of any kind.
2) Whether any other criminal cases are pending against the parties.
3) Whether any proclamation proceedings are pending against either of the parties."
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