Allowed

Mahender Singh @ Mahender Sharma v. State of Punjab and Anr.

Punjab & Haryana HC19 Sept 2018CRM-M/13054/2018

Case brief

AI extract

What is this about?

The High Court, Punjab & Haryana, in an oral order, allowed a petition under Section 482 Cr.P.C. to quash an FIR based on a reported compromise between the petitioner and the complainant. The FIR and subsequent proceedings were quashed subject to the payment of Rs. 10,000 costs within two weeks.

What did the court decide?

FIR No. 70 and all subsequent proceedings qua the petitioner are quashed, subject to payment of Rs. 10,000 costs within two weeks.

Mahender Singh @ Mahender Sharma Vs State of… — Quashing and FIR | Punjab & Haryana HC (2018)

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CRM-M-13054-2018

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-13054-2018

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Date of decision: 19.09.2018

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Mahender Singh @ Mahender Sharma

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Versus

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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. Rishav Jain, Advocate for the petitioner.

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Mr. Harpreet Multani, AAG, Punjab.

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Mr. Aman Dhir, Advocate for respondent No. 2.

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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. 70 dated 22.09.2015 (Annexure P-1) registered under Sections 279, 337, 338, 304-A, 468, 471 and 420 IPC at Police Station Khanauri, District Sangrur and all subsequent proceedings arising therefrom, on the basis of compromise dated 12.03.2018 (Annexure P-2), effected between the parties.

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Vide order dated 13.08.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate within two weeks, to get their statements recorded for compromise with a direction to the trial Court/Illaqa Magistrate, to furnish a report qua veracity of the compromise.

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Consequently, parties appeared before the Sub Divisional Judicial Magistrate, Moonak and got recorded their statements qua RISHU KATARIA 2018.09.21 13:21 compromise on 28.08.2018. Report from the Sub Divisional Judicial I attest to the accuracy and integrity of this document

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CRM-M-13054-2018 -2-

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Magistrate, Moonak, vide letter No. 337 dated 30.08.2018, duly forwarded by the District and Sessions Judge, Sangrur, vide Endst. No. 5937/EB dated 31.08.2018, has been received. According to the report of the Sub Divisional Judicial Magistrate, Moonak, the matter has been voluntarily compromised between the parties with the free consent of complainant without any pressure or undue influence and the same is genuine.

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In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties, this petition is allowed and the aforesaid, FIR No. 70 dated 22.09.2015 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioner are quashed, subject to payment of costs of 10,000/-, out of which 4,000/- shall be deposited with the Bar Association, Punjab and Haryana High Court, Chandigarh; 1,000/with the Bar Council of Punjab and Haryana and5,000/- with the High Court Legal Services Authority, within a period of two weeks' from today, failing which this petition shall be deemed to be dismissed.

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List on 26.10.2018, for production of receipts regarding deposit

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of costs.

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September 19, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2018.09.21 13:21 I attest to the accuracy and integrity of this document

Mahender Singh @ Mahender Sharma v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Mahender Singh @ Mahender Sharma v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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