Roop Lal Mittal v. State Of Punjab And Another
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4 4 $2 $# #-#,3 The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 43 dated 22.06.2023, registered at Police Station Women District Bathinda, under Sections 498-A, 406 and 323 IPC, on the basis of compromise dated 11.10.2023 (Annexure P-2) between the parties.
Inter alia contends that the matter has been finally settled as per the settlement agreement dated 11.10.2023 (Annexure P-2) arrived at in the Mediation and Conciliation Centre of this Court. Both the parties have filed a divorce petition by way of mutual consent under Section 13 (B) of the Hindu Marriage Act, 1955 (Annexure P-3) and the statements of the parties in the first motion have already been recorded (Annexures P-4 and P-5).
Notice of motion.
On the asking of the Court,
accepts notice on behalf of respondent No. 1-State.
Mr. Ankush Sharma, Advocate, accepts notice on behalf of respondent No. 2 and has filed his power of attorney in Court today, which is taken on record and he confirms about factum of compromise between the parties. Copies of the petition be handed over to learned counsel for the respondents during the course of the day. Adjourned to 04.03.2024.
Both the parties shall assist the Court, as to whether, the petition for quashing of the FIR is maintainable.
In the meantime, the parties are directed to appear before the trial Court/Illaqa Magistrate up-to 03.01.2024 for recording of their statements. After recording the statements of all the accused, victim, complainant and injured if any, the trial Court/Illaqa Magistrate shall send a report to this Court on the following facts well before the next date of hearing:- I. Whether a genuine compromise has been arrived at between all the affected parties.
II. Whether the complainant, all the injured/victim and all the accused are party to the compromise?
III Whether during investigation, any additional accused has been added and he/she is a party to the compromise?
IV Whether any accused is a Proclaimed Offender? V Whether after the registration of the FIR any offence was added or deleted during investigation? VI Whether investigation is pending against any of the accused or any accused has been declared as innocent".
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