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High Court of Punjab and HaryanaCRM-M/24272/2020allowed

Neeraj Sharma And Another v. State Of Punjab And Another

2020-12-11Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-24272 of 2020 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-24272 of 2020 (O&M) Date of Decision: 11.12.2020 Neeraj Sharma and Anr.

......Petitioners

Versus

State of Punjab and Anr.

.....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Kanwar Pahul Singh, Advocate for the petitioners. Mr. Sukhbir Singh, AAG, Punjab.

Dr. Rabia Gund, Advocate for respondent No.2. HARINDER SINGH SIDHU, J Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.46 dated 21.02.2020 under Section 379-B IPC registered at P.S Gate Hakima, Amritsar, and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise (P.3).

Notice of motion was issued. Learned State counsel as well as learned counsel for respondent No.2 appeared. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. Vide order dated 17.11.2020, the parties were directed to appear before the trial Court for getting their statements recorded with regard to the compromise.

A report dated 08.12.2020 of learned Judicial Magistrate, Ist Class, Amritsar has been received. As per the report, the parties had appeared before learned JMIC, Amritsar and got recorded their statements regarding compromise. Learned Magistrate has stated that he is of the MANOJ KUMAR 2020.12.11 18:20 I attest to the accuracy and integrity of this document

CRM-M-24272 of 2020 (O&M) #2# considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence. Keeping in view the above facts, I am of the considered opinion that it is a fit case in which the impugned FIR is liable to be quashed. Therefore, the present petition is allowed. FIR No.46 dated 21.02.2020 under Section 379-B IPC registered at P.S Gate Hakima, Amritsar, along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners.

December 11, 2020 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2020.12.11 18:20 I attest to the accuracy and integrity of this document