This is an oral judgment quashing the FIR and subsequent proceedings based on a genuine compromise recorded by the trial court, satisfying the requirements of Section 482 Cr.P.C. for restoring peace.
FIR No.0089 dated 10.05.2018 and all subsequent proceedings arising therefrom are quashed.
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CRM-M-35220 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-35220 of 2018 Date of Decision: 07.02.2019
Rajiv Kumar
....Petitioner
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:Mr. Manpreet Singh, Advocate, for the petitioner. Mr. Manpreet Singh, DAG, Punjab.
RAMENDRA JAIN, J. (ORAL)
In compliance of order dated 11.01.2019, receipts qua deposit of `15,000/- in the relevant heads, produced in Court today are taken on record.
Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.0089 dated 10.05.2018 registered under Sections 323 and 325 IPC pertaining to Police Station Division Sadar Amritsar, Police Commissionerate, District Amritsar, and all consequential proceedings arising therefrom, on the basis of compromise dated 25.07.2018 (Annexure P-2) arrived at between the parties and affidavit dated 31.07.2018 (Annexure P-3).
Pursuant to order dated 16.8.2018 of this Court, the parties appeared before the trial Court on 10.10.2018 to get their statements recorded. Learned Additional Chief Judicial Magistrate, Amritsar, has submitted her report vide letter bearing No.1522 dated
RAVINDER SINGH 2019.02.12 09:53 I attest to the accuracy and authenticity of this document
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CRM-M-35220 of 2018
09.10.2018 duly forwarded by learned District and Sessions Judge, Amritsar, vide Endst. No.10026R dated 10.10.2018.
According to the report, learned Additional Chief Judicial Magistrate, Amritsar, is satisfied that compromise arrived at between the parties is without any fear, apprehension, undue influence or coercion and the same is genuine, voluntary and out of free will of the parties.
Considering the report of learned Additional Chief Judicial Magistrate, Amritsar, dated 09.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.0089 dated 10.05.2018 and all subsequent proceedings arising therefrom, are quashed.
Disposed of accordingly.
February 07, 2019 R.S.
(RAMENDRA JAIN) JUDGE
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Yes/No
RAVINDER SINGH 2019.02.12 09:53 I attest to the accuracy and authenticity of this document
1 issue framed by the court
Whether the High Court can quash the FIR and consequential proceedings under Section 482 Cr.P.C. in light of a genuine settlement.
1 provisions across 1 enactments
Rajiv Kumar
State of Punjab
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
