Allowed

Tarun Joshi @ Billa v. Ut of Chandigarh & Anr.

Punjab & Haryana HC19 Jul 2017CRM-M/10420/2017

Case brief

AI extract

What is this about?

The High Court allowed a petition under section 482 CrPC to quash an FIR registered under sections 379 and 411 IPC. Relying on a Judicial Magistrate's report confirming a voluntary compromise between the petitioner and complainant, the court quashed the proceedings against the petitioner.

What did the court decide?

The petitioner's petition was allowed and the FIR No.120 dated 09.04.2016 under sections 379 and 411 IPC and all subsequent proceedings against the petitioner were quashed.

Tarun Joshi @ Billa Vs Ut of Chandigarh & Anr. — Quashing and FIR | Punjab & Haryana HC (2017)

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CRM-M-10420-2017 (O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA, AT CHANDIGARH.

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CRM-M-10420-2017 (O&M) Date of decision: 19.7.2017

Tarun Joshi @ Billa

...Petitioner

versus

Union Territory, Chandigarh and another

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..Respondents

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CORAM: HON'BLE MR JUSTICE RAMENDRA JAIN

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Present: Mr. Mandeep Singh , Advocate, for the petitioner

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Mr. A.S.Virk, Addl.P.P. for U.T.Chandigarh-respondent no.1.

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RAMENDRA JAIN, J. (ORAL)

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The petitioner, in the instant petition, under section 482 of the Code of Criminal Procedure, has sought quashing of FIR No.120 dated 09.04.2016 under section 379 IPC ( later on added section 411 IPC) registered at Police Station Sector 31, Chandigarh (Annexure P-1) and all subsequent proceedings arising out of the abovesaid FIR on the basis of compromise by way of affidavit dated 13.12.2016 (Annexure P-2) furnished by respondent no.2-complainant.

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In compliance of order dated 28.3.2017 passed by a co-ordinate Bench of this Court, report from Judicial Magistrate, 1^st Class, Chandigarh vide forwarding letter no.213 dated 05.5.2017, has been received. According to the report submitted by Judicial Magistrate 1^st Class, Chandigarh, the matter has been compromised in between the parties voluntarily, without any threat, coercion and undue influence.

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Virender Kumar 2017.07.21 11:52 I attest to the accuracy and integrity of this document

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CRM-M-10420-2017 (O&M) 2

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In view of the above report and the compromise arrived at between the parties voluntarily, the instant petition is allowed. Consequently, FIR No.120 dated 09.04.2016 under sections 379 and 411 IPC registered at Police Station Sector 31, Chandigarh, is quashed qua the petitioner only along with all subsequent proceedings emanating therefrom.

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19.7.2017 ( RAMENDRA JAIN ) VK JUDGE 1. Whether reasoned/speaking Yes/No 2. Whether Reportable Yes/No

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Virender Kumar 2017.07.21 11:52 I attest to the accuracy and integrity of this document

Tarun Joshi @ Billa v. Ut of Chandigarh & Anr.

Case brief

What is this about?

What did the court decide?

Tarun Joshi @ Billa v. Ut of Chandigarh & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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