Petitioner sought quashing of FIR No.115 under S.482 Cr.P.C. based on a compromise reached in 2018. Judged by one Judge of the Punjab and Haryana High Court.
FIR No.115 dated 05.12.1998 registered under Sections 427, 447, 436, 148, 149 IPC at Police Station Mehna, District Moga and all consequential proceedings arose therefrom are quashed.
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CRM-M-3455 of 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-3455 of 2019 Date of Decision: 25.03.2019
Manjit Singh
....Petitioner
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:Mr. N.S. Dandiwal, Advocate, for the petitioner. Ms. Sudeepti Sharma, Addl. A.G., Punjab.
RAMENDRA JAIN, J. (ORAL)
Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.115 dated 05.12.1998 registered under Sections 427, 447, 436, 148, 149 IPC at Police Station Mehna, District Moga, and all consequential proceedings arising therefrom, on the basis of compromise dated 20.12.2018 (Annexure P-4) arrived at between the parties.
Pursuant to order dated 25.01.2019 of this Court, the parties appeared before the trial Court on 21.02.2019 to get their statements recorded. Learned Judicial Magistrate Ist Class, Moga, has submitted his report vide letter bearing No.100 dated 12.03.2019, duly forwarded by learned District and Sessions Judge, Moga, vide Endst. No.992/EB dated 14.03.2019.
According to the above report, compromise entered into RAVINDER SINGH between the parties is genuine, without any pressure or undue 2019.03.28 10:42 I attest to the accuracy and integrity of this document
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CRM-M-3455 of 2019
influence and voluntary in nature. No accused has been declared as proclaimed offender
Therefore, in view of above and the fact that the compromise will bring peace and harmony in relations between the parties, FIR No.115 dated 05.12.1998 and all subsequent proceedings arising therefrom, are quashed.
Disposed of accordingly.
March 25, 2019 R.S.
(RAMENDRA JAIN) JUDGE
Whether speaking/reasoned
Yes/No
Whether Reportable
Yes/No
RAVINDER SINGH 2019.03.28 10:42 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether FIR No.115 dated 05.12.1998 under Sections 427, 447, 436, 148, 149 IPC, registered at Police Station Mehna, District Moga, ought to be quashed in view of a genuine compromise dated 20.12.2018
Whether the existence of a genuine compromise without undue influence between the parties mandates the quashing of the FIR and all consequential proceedings?
Whether the learned Judicial Magistrate's report confirming the genuineness of the compromise and absence of proclaimed offenders supports the petition's reasons?
1 provisions across 1 enactments
Manjit Singh
State of Punjab
RAMENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
