The High Court, relying on a compromise and a CJM report confirming no coercion, quashed the FIR and associated criminal proceedings under Sections 420, 467, 468, 471, 328, 323, 506, and 120-B IPC.
The FIR No.563 dated 10.11.2011 and all criminal proceedings emanating therefrom are quashed.
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CRM-M-13545-2012 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-13545-2012 (O&M). Date of decision: May 3, 2012.
Babu Lal and Ors.
..... Petitioners
Versus
State of Haryana and another
..... Respondents
*** * * CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI**
PRESENT Mr.J.S.Cooner, Advocate, for the petitioners.
Ms.Tanushree Gupta, AAG., Haryana.
Mr.Abhinav Kalia, Advocate, for respondent No.2.
M.M.S. BEDI, J. (ORAL)
The petitioners, on the basis of compromise, seek quashing of FIR No.563 dated 10.11.2011, under Sections 420, 467, 468, 471, 328, 323, 506/34 and 120-B IPC, Police Station, Ambala Cantt., registered at the instance of respondent No.2 Tara Devi, on the basis of the complaint filed under Section 156 (3) Cr.P.C.
The allegations against the petitioners are that they had obtained the thumb impressions of the complainant on various blank papers and misused the same to prepare an agreement of sale and a Will during pendency of the investigation. Before presentation of challan, the parties entered into a compromise. The parties were
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CRM-M-13545-2012 (O&M)
directed to appear before the Chief Judicial Magistrate, Ambala to get their statements recorded regarding the matter having been compromised.
A report has been received from the said Court that the matter has been compromised without any pressure, coercion.
Taking into consideration the report of the Chief Judicial Magistrate, Ambala, I am satisfied that the matter having been amicably resolved between the parties and no ill-will existing, the FIR can be quashed.
The petition is allowed. Following the judgment in
case Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052, the above said FIR and all the criminal proceedings emanating therefrom are hereby quashed on the basis of compromise.
(M.M.S. BEDI) May 3, 2012. JUDGE rka
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2 issues framed by the court
Whether the FIR can be quashed on the basis of a compromise entered into between the parties.
Whether the report of the Chief Judicial Magistrate regarding the absence of coercion satisfies the requirements for quashing.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of PunjabFollowed¶22
Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052
Babu Lal and Ors.
State of Haryana
Tara Devi
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
