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High Court of Punjab and HaryanaCRM-M/45320/2023allowed

Tarsem Lal And Others v. State Of Punjab And Another

2023-12-18Mr. Justice Pankaj Jain6 pages

     



 

  

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) * 2&  cross case registered under Sections 324/323/506/34 IPC (later on offence under Section 201 IPC was added while presenting the challan), registered vide G.D. No.024 dated 30.05.2018 at Police Station Sudhar, District Ludhiana Rural  case FIR No.0084 dated 29.05.2018, registered for offences punishable under Sections 452/323/506/149 IPC, at Police Station Sudhar, District Ludhiana Rural,   ) 33 

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:The present petition has been moved invoking jurisdiction of this Court under Section 482 Cr.P.C by the petitioners seeking quashing of cross case registered under Sections 324/323/506/34 IPC later on offence under Section 201 IPC was added while presenting the challan, registered vide G.D. No.024 dated 30.05.2018 at Police Station Sudhar, District Ludhiana Rural in case FIR No.0084 dated 29.05.2018, registered for offences punishable under Sections 452/323/506/149 IPC, at Police Station Sudhar, District Ludhiana Rural.

Learned counsel for the petitioners contends that the matter already stands compromised vide compromise (Annexure P-4).

Notice of motion for 18.12.2023.

On the asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab accepts notice on behalf of respondent No.1State. Mr.N.S.Dadwal, Advocate appears and accepts notice on behalf of respondent No.2 and admits the fact of there being a compromise between the parties. In view of the above, the parties, i.e. the petitioners as well as respondent No.2 are directed to appear before learned Duty Magistrate/Illaqa Magistrate/trial Court on 26.09.2023. On their doing so, the learned Duty Magistrate/Illaqa Magistrate/trial Court shall record their statements and furnish its report to this Court by the next date of hearing on the following aspects:-

1. Number of persons arrayed as accused in the FIR.

2.

Whether any accused is proclaimed offender?

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence?

4. Whether the accused persons are involved in any other case or not?

5.

The trial Court is also directed to record the

 statement of the Investigating Officer as to how many victims/complainants are there in the FIR. A copy of the report be also sent to the Registrar Judicial of this Court.

Needless to say that in case for any reason the statements are not recorded on the aforesaid date, the learned Duty Magistrate/Illaqa Magistrate/trial Court shall be at liberty to call the parties on any other date but not later than a week thereafter.;

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