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High Court of Punjab and HaryanaCRM-M/26249/2019allowed

Manpreet Singh @ Manna v. State Of Punjab And ANR

2019-09-02Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-26249-2019 Date of decision:2.9.2019 MANPREET SINGH @ MANNA & OTHERS .....Petitioners

Versus

STATE OF PUNJAB AND ANR .....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Preetwinder Singh Dhaliwal, Advocate for the petitioners.

Ms. Rashmi Attri, AAG, Punjab.

Mr. Lakhwinder Singh, Advocate for respondent No.2.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioners seek quashing of FIR No.133 dated 21.12.2015 under Sections 354(1), 427 IPC, Police Station Dhanaula, District Barnala and proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 1.7.2019 the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get the statements recorded with regard to the genuineness of the compromise.

GAURAV SOROT 2019.09.03 14:10 I attest to the accuracy and integrity of this document

-: 2 :- CRM-M-26249-2019 3.

Report of learned Chief Judicial Magistrate, Barnala has been received wherein it has been reported that statements of the petitioners as well as of Amandeep Bawa-Special Power of Attorney of Gurpreet Kaur (complainant) have been recorded who have stated that they have compromised the matter and that complainant has no objection if the FIR is quashed. It has specifically been opined by learned Chief Judicial Magistrate, Barnala that the compromise effected between the complainant and accused is genuine, without any pressure and coercion or undue influence.

4.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the petition is allowed and FIR No.133 dated 21.12.2015 under Sections 354(1), 427 IPC, Police Station Dhanaula, District Barnala and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. ( GURVINDER SINGH GILL) 2.9.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.09.03 14:10 I attest to the accuracy and integrity of this document