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High Court of Punjab and HaryanaCRM-M/18234/2023allowed

Jashandeep v. State Of Punjab And Another

2024-02-224 pages

    



 

 

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$%    &   FIR No.06 dated 08.01.2023 under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860, registered at Police Station Civil Line Bathinda, Punjab

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0#) *1 "*"+''%  % The petitioner has filed the present petition seeking quashing of FIR No.06 dated 08.01.2023 under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860, registered at Police Station Civil Line Bathinda, Punjab (Annexure P-1), and all other subsequent proceedings arising therefrom on the basis of the compromise dated 27.03.2023 (Annexure P-2). Notice of motion.

On the asking of Court, Mr. Arun Gupta, AAG, Punjab, accepts notice on behalf of respondent No.1-State and Mr. Saurabh Sharma, Advocate accepts notice and filed Vakalatnama on behalf of respondent No.2, which is taken on record.

Learned State counsel has vehemently opposed the present petition and respondent No.2 is also directed to file an affidavit explaining why action should not be taken against her for lodging a false FIR.

Adjourned to 11.09.2023.

Let State to file status report.

In the meanwhile, both the parties are directed to appear before the concerned Illaqa/Duty Magistrate on 18.05.2023 for recording their statements, who shall record their respective statements with regard to the genuineness/correctness of the compromise and that the compromise is not the result of any fraud or misrepresentation and is the result of free will of the parties. It would also be verified that besides the accused (petitioner) mentioned in the petition, there is no other accused in the FIR and the parties are not involved or declared proclaimed offender in any other criminal case. The Illaqa Magistrate/Duty Magistrate shall send his/her report through learned Sessions Judge concerned on or before the date fixed before this Court. +

 

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FIR No.06 dated 08.01.2023 under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860, registered at Police Station Civil Line Bathinda, Punjab ''&  '



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