This single-judge oral order under Section 482 Cr.P.C. allowed a petition to quash an FIR upon receipt of a satisfactory report from the trial court confirming a genuine compromise between the parties without coercion.
FIR No.263 dated 03.12.2016 under Sections 452, 323, 427, 148 and 149 IPC is hereby quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM-M-25461 of 2017
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-25461 of 2017 Date of Decision: 13.10.2017
John alias Joyn and others
....Petitioners
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: - Mr. N.S. Dadwal, Advocate, for the petitioners. Mr. J.S. Walia, Sr. DAG, Punjab. Mr. Dixit Garg, Advocate, for
RAMENDRA JAIN, J. (ORAL)
Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.263 dated 03.12.2016 (Annexure P-1) under Sections 452, 323, 427, 148 and 149 IPC registered at Police Station City Jagraon, District Ludhiana, on the basis of compromise dated 06.04.2017 (Annexure P-2).
Pursuant to the order dated 18.07.2017 of this Court, the parties appeared before the trial Court on 26.09.2017 to get their statements recorded. Learned Sub Divisional Judicial Magistrate, Ludhiana has submitted his report vide letter bearing No.453 dated 29.09.2017 duly forwarded by learned District and Sessions Judge, Ludhiana vide letter No.1954/EC dated 29.09.2017.
According to the report, the Sub Divisional Judicial Magistrate is satisfied that compromise entered into between the parties is genuine and Ravinder Singh 2017.10.13 17:13 I attest to the accuracy and authenticity of this documentwithout any pressure, fear or coercion in any manner and at their own will.
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CRM-M-25461 of 2017
Considering the report of Sub Divisional Judicial Magistrate dated 29.09.2017 and the fact that the compromise will bring harmony in relations between the parties, FIR No.263 dated 03.12.2016 (Annexure P-1) under Sections 452, 323, 427, 148 and 149 IPC registered at Police Station City Jagraon, District Ludhiana, is hereby quashed.
Petition is disposed of accordingly.
(RAMENDRA JAIN) October 13, 2017 JUDGE R.S. Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Ravinder Singh 2017.10.13 17:13 I attest to the accuracy and authenticity of this document
1 issue framed by the court
Whether the FIR should be quashed in the light of a genuine compromise recorded before the trial court.
1 provisions across 1 enactments
John alias Joyn and others
State of Punjab and another
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
