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High Court of Punjab and HaryanaCRM-M/7299/2017allowed

Kulbir Singh And ORS v. State Of Punjab And ANR

2017-10-07Mrs Justice Daya Chaudhary2 pages

CRM-M-7299-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-7299-2017 Date of decision: 07.10.2017 Kulbir Singh @ Mani and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Swarn Tiwana, Advocate for Mr. Karanjit Singh, Advocate for the petitioners. Mr. Randeep S. Khaira, AAG, Punjab.

None for respondent No. 2.

RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 204 dated 13.12.2016 (Annexure P-1) registered under Sections 452, 379-B, 323, 324, 148 and 149 IPC at Police Station Division-B, Amritsar and all subsequent proceedings arising therefrom, on the basis of compromise dated 15.02.2017 (Annexure P-2) effected between the parties.

2.

Vide order dated 03.03.2017, parties were directed to appear before the trial Court/Illaqa Magistrate to get their statements recorded for compromise with a direction to the trial Court/Illaqa Magistrate to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Amritsar and got recorded their statements qua compromise. Report from the Judicial Magistrate Ist Class, Amritsar, vide covering letter Rishu Kataria 2017.10.07 16:06 I attest to the accuracy and authenticity of this document

CRM-M-7299-2017 -2No. 125 dated 01.05.2017, duly forwarded by learned District and Sessions Judge, Amritsar, vide Endst. No. 3836R dated 02.05.2017, has also been received. According to the report of the learned Judicial Magistrate Ist Class, Amritsar, the compromise between the parties is voluntary, genuine, and without any pressure.

4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, the petition is accepted and the aforesaid FIR No. 204 dated 13.12.2016 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners, is quashed.

October 07, 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2017.10.07 16:06 I attest to the accuracy and authenticity of this document