Allowed

Neelam and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC26 Oct 2017CRM-M/16656/2017

Case brief

AI extract

What is this about?

This petition under Section 482 Cr.P.C. sought quashing of FIR No. 199 registered under Sections 323, 452 and 34 IPC based on a compromise. The court considered the Magistrate's report confirming the compromise was voluntary. Holding that the compromise would bring harmony, the court accepted the petition and quashed the FIR and subsequent proceedings.

What did the court decide?

FIR No. 199 dated 04.11.2013 and all subsequent proceedings arising therefrom against the petitioners were quashed.

Neelam and Anr. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2017)

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CRM-M-16656-2017

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-16656-2017

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Date of decision: 26.10.2017

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Neelam and another

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Versus

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State of Punjab and others

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

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PRESENT: Mr. SS Kainth, Advocate for Mr. Chandan Dhinga, for the petitioners.

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Ms. Jaspreet Kaur, AAG, Punjab.

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Mr. Abhishek Kaushik, Advocate for Mr. DD Sharma, Advocate for respondents No. 2 and 3.

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RAMENDRA JAIN, J. (ORAL)

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Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 199 dated 04.11.2013 (Annexure P-1) registered under Sections 323 and 452 read with Section 34 IPC at Police Station Lalru, District SAS Nagar, Mohali and all subsequent proceedings arising therefrom, on the basis of compromise dated 03.03.2017 (Annexure P-2) effected between the parties.

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Vide order dated 11.05.2017, parties were directed to appear before the trial Court, to get their statements recorded for compromise with a direction to the trial Court to furnish a report qua veracity of the compromise.

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Consequently, parties appeared before the Judicial Magistrate Ist Class, Dera Bassi and got recorded their statements qua compromise. Rishu Kataria 2017.10.27 17:37I attest to the accuracy andReport from the Judicial Magistrate Ist Class, Dera Bassi, vide letter authenticity of this document

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CRM-M-16656-2017

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No. 184 dated 24.05.2017, duly forwarded by learned District and Sessions Judge, SAS Nagar, vide Endst. No. 4880 dated 30.05.2017, has been received. According to the report of the learned Judicial Magistrate Ist Class, Dera Bassi, the compromise between the parties is genuine, voluntary and without any coercion or undue influence.

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In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, the petition is accepted and the aforesaid FIR No. 199 dated 04.11.2013 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners, is quashed.

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October 26, 2017 ( RAMENDRA JAIN ) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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Rishu Kataria 2017.10.27 17:37 I attest to the accuracy and authenticity of this document

Neelam and Anr. v. State of Punjab and Ors.

Case brief

What is this about?

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Neelam and Anr. v. State of Punjab and Ors.

Case brief

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