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High Court of Punjab and HaryanaCRM-M/28882/2020allowed

Sarabjit Singh And ORS v. State Of Punjab And Another

2020-11-17Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-28882 of 2020 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28882 of 2020 (O&M) Date of Decision: 17.11.2020 Sarabjit Singh and Ors.

......Petitioners

Versus

State of Punjab and Anr.

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

Present:

Mr. Varun Goyal, Advocate for the petitioners. Mr. Sidakmeet Sandhu, DAG, Punjab.

HARINDER SINGH SIDHU, J Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.38 dated 09.03.2020 under Sections 365,363,341,324,323,34 IPC registered at P.S Sadar Sangrur, and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise deed dated 16.03.2020. 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 21.09.2020, the parties were directed to appear before the trial Court/Area Magistrate on 07.10.2020 for getting their statements recorded with regard to the compromise. A report dated 15.10.2020 of learned Addl.

Chief Judicial Magistrate, Sangrur has been received. It has been mentioned therein that the parties had appeared before him and got recorded their statements regarding compromise. Complainant/respondent has specifically stated that MANOJ KUMAR 2020.11.

CRM-M-28882 of 2020 (O&M) #2# he had no objection if the proceedings are quashed. It is stated in the report 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.38 dated 09.03.2020 under Sections 365,363,341,324,323,34 IPC registered at P.S Sadar Sangrur, along with all subsequent proceedings arising therefrom, are hereby quashed.

November 17, 2020 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2020.11.18 20:24 I attest to the accuracy and integrity of this document