Allowed

Ajay Kumar v. State of Punjab and Anr.

Punjab & Haryana HC12 Feb 2019CRM-M/54013/2018

Case brief

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What is this about?

The High Court of Punjab and Haryana quashed FIR No. 0060 and subsequent proceedings under Sections 406 and 420 IPC against the petitioner. The quashing was based on a genuine compromise, the trial court's favorable report, and the deposit of costs, restoring peace between parties.

What did the court decide?

FIR No. 0060 dated 18.06.2017 along with all subsequent proceedings quashed qua the petitioner.

Ajay Kumar Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2019)

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CRM-M-54013 of 2018

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-54013 of 2018 DATE OF DECISION:-12.02.2019

AJAY KUMAR

...PETITIONER...

STATE OF PUNJAB AND ANR.

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...RESPONDENTS...

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CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

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Present: Mr. B.S. Bali, Advocate for the petitioner.

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Mr. A.S. Gill, DAG, Punjab.

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RAMENDRA JAIN, J. (ORAL)

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Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.0060 dated 18.06.2017, under Sections 406 and 420 IPC, Police Station Behram, District SBS Nagar (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (P-2).

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Pursuant to order dated 07.12.2018 of this Court, the parties appeared before the trial Court on 14.01.2019 to get their statements recorded. Learned Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar has submitted his report vide letter bearing No.28 dated 22.01.2019 duly forwarded by learned District and Sessions Judge, Shaheed Bhagat Singh Nagar, vide Endst No.81/DSJ-19A dated 23.01.2019.

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According to the report, ld. Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar is satisfied that compromise is genuine,

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SONIKA 2019.02.13 15:40 I attest to the accuracy and authenticity of this document Chandigarh

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CRM-M-54013 of 2018

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voluntary, without any coercion and without any undue influence and the same has been effected with the free will and consent of the parties. No accused has been declared as proclaimed offender.

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In compliance of order dated 25.01.2019, receipts regarding deposit of costs of `15,000/- have also been filed in the Registry. The same are taken on record. Be tagged at appropriate place.

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Considering the report of learned Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar, dated 22.01.2019 and deposit of costs as well as the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.0060 dated 18.06.2017 along with all subsequent proceedings arising therefrom, is quashed qua the petitioner only.

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Disposed of accordingly. 12.02.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned: Yes/No whether reportable: Yes/No

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SONIKA 2019.02.13 15:40 I attest to the accuracy and authenticity of this document Chandigarh

Ajay Kumar v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Ajay Kumar 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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