Quashed

Suresh Kumar v. State of Punjab and Anr.

Punjab & Haryana HC8 Dec 2017CRM-M/28628/2016

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C., the court quashed an FIR registered under Sections 306 and 34 IPC based on a settlement between parties. The court relied on a report from the Judicial Magistrate confirming the voluntary nature of the compromise and ordered deposit of costs before final disposal.

What did the court decide?

FIR No.29 dated 15.03.2012 registered under Sections 306 and 34 IPC at Police Station Shahkot was quashed, subject to a cost of `10,000/- to be deposited with the Punjab State Legal Services Authority

Suresh Kumar Vs State of Punja… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2017)

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CRM-M-28628 of 2016

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-28628 of 2016 Date of Decision: 08.12.2017

Suresh Kumar

....Petitioner

Versus

State of Punjab and another

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....Respondents

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CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

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Present: - Mr. Rahul Bhargava, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. Mr. Vaibhav Narang, Advocate, for respondent No.2.

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RAMENDRA JAIN, J. (ORAL)

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Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.29 dated 15.03.2012 (Annexure P-1) registered under Sections 306, 511 and 34 IPC (later on converted only under Sections 306 and 34 IPC) at Police Station Shahkot, Jalandhar City, on the basis of compromise dated 01.04.2014 (Annexure P-3) between the parties.

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Pursuant to the order dated 26.07.2017 of this Court, the parties appeared before the trial Court/Illaqa Magistrate on 17.08.2017 to get their statements recorded. Learned Judicial Magistrate Ist Class, Nakodar, has submitted his report vide letter bearing No.5993 dated 29.08.2017 duly forwarded by learned District and Sessions Judge, Jalandhar vide letter No.2078G/JRK dated 31.08.2017.

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Considering the report of learned Judicial Magistrate Ist Class

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According to the report, learned Judicial Magistrate Ist Class is satisfied that compromise entered into between the parties is with their free Ravinder Singh 2017.12.11 13:11 will, without any pressure or coercion. I attest to the accuracy and authenticity of this document

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CRM-M-28628 of 2016

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dated 29.08.2017 and the fact that the compromise will bring harmony in relations between the parties, FIR No.29 dated 15.03.2012 (Annexure P-1) registered under Sections 306, 511 and 34 IPC (later on converted only under Sections 306 and 34 IPC) at Police Station Shahkot, Jalandhar City, is hereby quashed, subject to costs of ` 10,000/- to be deposited with the Punjab State Legal Services Authority.

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Petition is disposed of accordingly.

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Registry is directed to list the case on 13.12.2017 with regard to deposit of costs by the petitioners.

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(RAMENDRA JAIN)

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December 08, 2017 JUDGE R.S. Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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Ravinder Singh 2017.12.11 13:11 I attest to the accuracy and authenticity of this document

Suresh Kumar v. State of Punjab and Anr.

Case brief

What is this about?

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Suresh Kumar v. State of Punjab and Anr.

Case brief

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