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High Court of Punjab and HaryanaCRM-M/20752/2023allowed

Sunil Kumar And ANR. v. State Of Punjab And Another

2023-11-28Ms. Justice Harpreet Kaur Jeewan3 pages

SUNIL KUMAR AND ANR.

.......Petitioners

The petitioners have filed the present petition seeking quashing of FIR No.91 dated 09.06.2021 under Sections 406/498-A of the Indian Penal Code, 1860 registered at Police Station Mahilpur, District Hoshiarpur, and all other proceedings arising therefrom on the basis of the compromise dated 07.02.2023 (Annexure P-2). Notice of motion.

On the asking of Court, Mr.Arun Gupta, AAG Punjab, accepts notice on behalf of respondent No.1. Mr.Sumit Ahuja, Adovcate has put in appearance on behalf of respondent No.2 and filed his vakalatnama, which is taken on record. . Learned counsel for respondent No.2 has endorsed the contention raised by learned counsel for the petitioners and has not denied the factum of compromise effected between the parties. Adjourned to 20.09.2023.

In the meanwhile, both the parties are directed to appear before the concerned Illaqa/Duty Magistrate on 22.05.2023 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 (petitioners) 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.