The High Court of Punjab and Haryana allowed a petition seeking quashing of an FIR based on a compromise and the trial court's report, which found the settlement to be voluntary and devoid of coercion.
FIR dated 28.08.2018 and all subsequent proceedings therefrom were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM-M-8765 of 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-8765 of 2019 Date of Decision: 29.05.2019
Charanpreet Singh and others
....Petitioners
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:Mr. A.K. Ramolia, Advocate, for Mr. Ritesh Pandey, Advocate, for the petitioners. Mr. Hittan Nehra, Addl. A.G., Punjab.
RAMENDRA JAIN, J. (ORAL)
Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.80 dated 28.08.2018 registered under Sections 452, 326, 325, 324, 427, 148, 149 IPC at Police Station Ghuman, Tehsil Batala, Police District Batala, District Gurdaspur, on the basis of compromise (Annexure P-3) entered into between the parties.
Pursuant to order dated 26.02.2019 of this Court, the parties appeared before the trial Court on 26.03.2019 to get their statements recorded. Learned Judicial Magistrate Ist Class, Batala, has submitted his report vide letter bearing No.195 dated 09.04.2019 duly forwarded by learned District and Sessions Judge, Gurdaspur, vide Endst. No.6163/RKT dated 12.04.2019.
According to the report of learned Judicial Magistrate Ist RAVINDER SINGH 2019.05.30 17:46 I attest to the accuracy andClass, Batala, petitioners have deposited the amount of `15,000/- in integrity of this document
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CRM-M-8765 of 2019
the relevant heads as directed by this Court vide order dated 06.03.2018. Learned Magistrate is satisfied that compromise arrived at between the parties is with their free consent and without any pressure, threat, coercion or undue influence from any quarter. No accused has been declared proclaimed offender.
Considering the report of learned Judicial Magistrate Ist Class, Batala, and the fact that the compromise will bring harmony in relations between the parties, the petition is allowed and the aforesaid FIR No.80 dated 28.08.2018 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 452, 326, 325, 324, 427, 148, 149 IPC should be quashed based on a compromise and the court's report.
Whether the compromise is valid as arrived at with free consent without any coercion.
1 provisions across 1 enactments
Charanpreet Singh and others
State of Punjab and another
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
