Petitioner filed petition under Section 482 Cr.P.C. seeking quashing of FIR No.224 based on a compromise. Court accepted Magistrate's report, found compromise voluntary, and quashed FIR and proceedings.
FIR No.224 dated 13.06.2017 and all subsequent proceedings arising therefrom are quashed.
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CRM-M-6764 of 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-6764 of 2019 Date of Decision: 29.05.2019
Pawan Kumar
....Petitioner
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:Mr. Damanjit Singh Sandhu, Advocate, for the petitioner. Mr. Hittan Nehra, Addl. A.G., Punjab.
RAMENDRA JAIN, J. (ORAL)
Original receipts qua deposit of costs in relevant heads in compliance of order dated 13.02.2019, 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.224 dated 13.06.2017 registered under Sections 357, 380, 408 IPC at Police Station Basti Jodhewal, District Ludhiana, on the basis of compromise (Annexure P-2) entered into between the parties.
Pursuant to order dated 13.02.2019 of this Court, the parties appeared before the trial Court on 25.04.2019 to get their statements recorded. Learned Judicial Magistrate Ist Class, Ludhiana, has submitted his report vide letter bearing No.344 dated 26.04.2019 duly forwarded by learned District and Sessions Judge, Ludhiana, vide letter No.373/EC dated 26.04.2019.
RAVINDER SINGH 2019.05.30 17:46 I attest to the accuracy and integrity of this document
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CRM-M-6764 of 2019
According to the report, learned Magistrate is satisfied that compromise arrived at between the parties is genuine, voluntary and without any coercion or undue influence. None of the accused has been declared proclaimed offender.
Considering the report of learned Judicial Magistrate Ist Class, Ludhiana, and the fact that the compromise will bring harmony in relations between the parties, the petition is allowed and the aforesaid FIR No.224 dated 13.06.2017 and all subsequent proceedings arising therefrom, are quashed.
Disposed of accordingly.
May 29, 2019 R.S.
(RAMENDRA JAIN) JUDGE
Whether speaking/reasoned
Yes/No
Whether Reportable
Yes/No
RAVINDER SINGH 2019.05.30 17:46 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the FIR registered under Sections 357, 380, 408 IPC be quashed due to a genuine compromise between parties.
Whether the report of the learned Judicial Magistrate regarding the genuineness of the compromise should be accepted.
1 provisions across 1 enactments
Pawan Kumar
State of Punjab
RAMENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
