Allowed

Sham Lal and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC24 May 2019CRM-M/4187/2019

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C., the High Court of Punjab and Haryana quashed FIR No.44 and subsequent proceedings against the petitioners based on a genuine, voluntary compromise between the parties, confirmed by a report from the trial court without coercion or undue influence.

What did the court decide?

FIR No.44 dated 09.05.2014 and all subsequent proceedings arising therefrom are quashed qua the petitioners.

Sham Lal and Anr. Vs State of Punjab and Ors. — Cheating and Forgery | Punjab & Haryana HC (2019)

¶1

CRM-M-4187 of 2019

¶2

--1--

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CRM-M-4187 of 2019 DATE OF DECISION:-24.05.2019

¶5

SHAM LAL AND ANR.

¶6

...PETITIONERS...

¶7

¶8

STATE OF PUNJAB AND ORS.

¶9

...RESPONDENTS...

¶10

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

¶11

Present: Mr. KB Raheja, Advocate, for the petitioners.

¶12

Mr. Hittan Nehra, Addl. A.G., Punjab.

¶13

Mr. Harsh Raheja, Advocate, for respondents No.2 and 3.

¶14

¶15

RAMENDRA JAIN, J. (ORAL)

¶16

Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing of FIR No.44 dated 09.05.2014, under Sections 325, 323 and 34 IPC, Police Station City-2 Abohar, District Fazilka and all subsequent proceedings arising out of the same on the basis of compromise (P-2)

¶17

Pursuant to order dated 30.01.2019 of this Court, the parties appeared before the trial Court on 28.02.2019, to get their statements recorded. Learned Judicial Magistrate Ist Class, Abohar, has submitted his report vide letter bearing No.234 dated 20.04.2019, duly forwarded by ld. District and Sessions Judge, Fazilka, vide Endst No.2287/EB, dated

¶18

24.04.2019.

¶19

SONIKA 2019.05.24 17:30 I attest to the accuracy and authenticity of this document Chandigarh

¶20

CRM-M-4187 of 2019

¶21

--2--

¶22

According to the report, ld. Judicial Magistrate Ist Class, Abohar, is satisfied that compromise arrived at between the complainantVikram, injured/eye witness Kamal Nain as well as accused Sham Lal and Ram Lal is genuine, voluntary and without any coercion or undue influence, being outcome of their free will and consent.

¶23

In compliance of order dated 07.05.2019, original receipt qua deposit of costs has been produced in Court today. The same is taken on record. Be tagged at appropriate place.

¶24

Considering the report of ld. Judicial Magistrate Ist Class, Abohar, dated 20.04.2019 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.44 dated 09.05.2014 along with all subsequent proceedings arising therefrom, is quashed qua the petitioners only.

¶25

Disposed of accordingly.

¶26

24.05.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned: Yes/No whether reportable: Yes/No

¶27

SONIKA 2019.05.24 17:30 I attest to the accuracy and authenticity of this document Chandigarh

Sham Lal and Anr. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Sham Lal and Anr. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashma Kalia Vs State of Punjab

Laxman and Anr. Vs State of Haryana

Rajwinder Singh and Anr. Vs State of Punjab

Charan Singh and Others Vs State of Punjab and Others

Gurpreet Kaur Vs State of Punjab and Ors.

Harinder Singh Vs State of Punjab and Anr.