Allowed

Kusum and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC26 Mar 2019CRM-M/6035/2019

Case brief

AI extract

What is this about?

The petitioners sought quashing of an FIR and subsequent proceedings under Section 482 Cr.P.C. based on a compromise mediated by the Judicial Magistrate. The Magistrate's report confirmed the compromise was genuine and voluntary, and costs were deposited. The court quashed the proceedings regarding the petitioners.

What did the court decide?

FIR No. 100 dated 09.07.2016 and all subsequent proceedings arising therefrom are quashed qua the petitioners only.

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

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CRM-M-6035-2019

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-6035-2019

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Date of Decision: 26.03.2019

Kusum and another

.... Petitioners

Versus

State of Punjab and another

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

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Present: Mr. HS Oberoi, Advocate for the petitioners.

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Ms. Sudeepti Sharma, Addl. AG, Punjab.

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Ms. Karanbeer Kaur, Advocate for respondent No. 2.

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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. 100 dated 09.07.2016 (Annexure P-1) registered under Section 381 IPC at Police Station Sadar, Phagwara, District Kapurthala and all subsequent proceedings arising therefrom, on the basis of compromise dated 31.01.2019 (Annexure P-2) effected in between the parties.

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Pursuant to order dated 08.02.2019 of this Court, the parties appeared before the Judicial Magistrate Ist Class, Phagwara, on 26.02.2019 to get their statements recorded. Learned Judicial Magistrate Ist Class, Phagwara, has submitted his report vide letter No. 453 dated 06.03.2019, duly forwarded by learned District and Sessions Judge,

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RISHU KATARIA 2019.03.28 15:19 I attest to the accuracy and integrity of this document

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CRM-M-6035-2019

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Kapurthala, vide Endst. No. 484 dated 08.03.2019.

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According to the report, learned Judicial Magistrate Ist Class, Phagwara, is satisfied that compromise effected between the parties is genuine, voluntary and without any coercion or threat. No accused has been declared as proclaimed offender.

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In compliance of order dated 08.02.2019, original 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.

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Considering the report of Judicial Magistrate Ist Class, Phagwara dated 06.03.2019 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. 100 dated 09.07.2016 (Annexure P-1) along with all subsequent proceedings arising therefrom, is quashed qua the petitioners only.

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Disposed of, accordingly

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March 26, 2019 (RAMENDRA JAIN) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2019.03.28 15:19 I attest to the accuracy and integrity of this document

Kusum and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Kusum and Anr. 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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