The High Court of Punjab and Haryana quashed FIR No. 52 dated 22.07.2015 and subsequent proceedings qua the petitioner, relying on a compromise dated 22.03.2018 and the Judicial Magistrate's report confirming a genuine settlement.
FIR No. 52 dated 22.07.2015 and all subsequent proceedings are quashed qua the petitioner.
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CRM-M-16263 of 2018
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-16263 of 2018 DATE OF DECISION:-25.03.2019
HARINDER SINGH @ LUCKY
...PETITIONER...
V.
STATE OF PUNJAB AND ANR.
...RESPONDENTS...
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: Mr. Naveen Batra, Advocate with Ms. Rajni Maurya, Advocate, for the petitioner.
Mr. A.S. Gill, DAG, Punjab.
RAMENDRA JAIN, J. (ORAL)
Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.52 dated 22.07.2015, under Sections 323, 341, 506, 34 IPC and Sections 25/27 of the Arms Act, Police Station Gardhiwal, District Hoshiarpur (1) and all subsequent proceedings arising therefrom, on the basis of compromise dated 22.03.2018 (P-2).
Pursuant to orders dated 11.10.2018 and 14.11.2018 of this Court, the parties appeared before the trial Court on 11.12.2018 for recording their statements. Learned Judicial Magistrate Ist Class, Dasuya, has submitted her report vide letter bearing No.7/b dated 11.12.2018 duly forwarded by learned District and Sessions Judge, Hoshiarpur, vide Endst. No.6150 dated 22.02.2019.
According to the report, ld. Judicial Magistrate Ist Class,
SONIKA 2019.03.25 18:09 I attest to the accuracy and authenticity of this document Chandigarh
CRM-M-16263 of 2018
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Dasuya, is satisfied that genuine compromise has been effected between the petitioner and respondent No.2. No accused has been declared proclaimed offender.
In compliance of order dated 26.02.2019, receipts regarding deposit of costs of `15,000/- have also been produced in Court today. The same are taken on record. Be tagged at appropriate place.
Considering the report of ld. Judicial Magistrate Ist Class, Dasuya dated 11.12.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.52 dated 22.07.2015 along with all subsequent proceedings arising therefrom, is quashed qua the petitioners only.
Disposed of accordingly.
| 25.03.2019 sonika |
(RAMENDRA JAIN) JUDGE |
|---|---|
| whether speaking/reasoned: | Yes/No |
| whether reportable: | Yes/No |
SONIKA 2019.03.25 18:09 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the FIR u/s 482 Cr.P.C. should be quashed based on a settlement and Magistrate's report.
3 provisions across 3 enactments
Harinder Singh @ Lucky
State of Punjab
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
