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High Court of Punjab and HaryanaCRM-M/26479/2021allowed

Gurwinder Singh Alias Guri v. State Of Punjab And Another

2021-10-12Mr. Justice Harinder Singh Sidhu2 pages



       

     

  

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    Petitioner has filed this petition under Section 482 Cr.P.C for quashing of FIR No.0164 dated 09.12.2019, registered under Sections 420 IPC and under Section 24 of Immigration Act at Police Station Doraha, District Ludhiana and subsequent proceedings arising therefrom on the basis of compromise (Annexure P-3).

Notice of motion was issued. Vide order dated 13.07.2021, the parties were directed to appear before concerned trial Court/ Illaqa Magistrate on 26.07.2021 for getting their statements recorded and the trial Court was to send its report regarding the genuineness of the compromise. A report dated 11.10.2021 of learned Sub Divisional Judicial Magistrate has been received. As per the report, the parties had appeared before Sub Divisional Judicial Magistrate and got their statements recorded RENU 2021.10.15 14:29 I attest to the accuracy and integrity of this document Chandigarh



    regarding compromise. Learned Magistrate has stated that she is of the considered view that the compromise arrived at between the parties is genuine, voluntary and without any threat or coercion. In view thereof, the present petition is allowed. FIR No.0164 dated 09.12.2019, registered under Sections 420 IPC and under Section 24 of Immigration Act at Police Station Doraha, District Ludhiana along with all subsequent proceedings arising therefrom, are hereby quashed, qua the petitioner.

The FIR in this case was registered on 09.12.2019. The parties entered into compromise about one year and five months thereafter, i.e. 05.05.2021. During this period, the investigation has been completed by the State; challan has been filed.

Therefore, this shall be subject to deposit of an amount of Rs.20,000/- by the petitioner with the Central Shaheed Ajit Singh Police Welfare Fund Office of DGP, Punjab, Chandigarh Welfare Branch, CPO Punjab.

4.567 #56 #548 98     

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