Dalvir Singh And ORS v. State Of Punjab And Another
CRM-M-31792 of 2020 (O&M) #1#
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-31792 of 2020 (O&M) Date of Decision: 11.12.2020 Dalvir Singh and Ors.
......Petitioners
Versus
State of Punjab and Anr.
.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present:
Mr. Sunil Agnihotri, Advocate for the petitioners. Mr. Sukhbir Singh, AAG, Punjab.
Mr. Vishal Mahajan, 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.77 dated 29.06.2020 under Sections 354-A,323,34 IPC registered at P.S Mukerian, District Hoshiarpur and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise (P.2) entered into between the parties.
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 08.10.2020, the parties were directed to appear before the trial Court/Area Magistrate for getting their statements recorded with regard to the compromise.
A report dated 27.11.2020 of learned Sub Divisional Judicial Magistrate, Mukerian has been received. As per the report, the parties had appeared before learned SDJM, Mukerian and got recorded their statements MANOJ KUMAR 2020.12.11 18:20 I attest to the accuracy and integrity of this document
CRM-M-31792 of 2020 (O&M) #2# regarding compromise. Learned Magistrate has stated that he is of the 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.77 dated 29.06.2020 under Sections 354-A,323,34 IPC registered at P.S Mukerian, District Hoshiarpur, 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