Allowed

Neetu and Another v. State of Punjab and Another

Punjab & Haryana HC1 Dec 2023CRM-M/47340/2023

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under sections 381, 411 and 34 of IPC after a compromise was effected between the parties. Relying on Full Bench and Supreme Court precedents, the Court allowed the petition to quash the proceedings against the petitioners.

What did the court decide?

FIR No.4 dated 07.01.2023 under sections 381, 411 and 34 of IPC is quashed qua the petitioners.

Neetu and Another Vs State of Punjab and Another — Quashing and FIR | Punjab & Haryana HC (2023)

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234 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Neutral Citation No. 2023:PHHC:153210 CRM-M-47340-2023 Date of Decision: December 01, 2023

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Neetu and another

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…Petitioners

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Versus

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State of Punjab and another

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…Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present: - Mr. B.D. Sharma, Advocate for the petitioners.

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Mr. Parneet Singh Pandher, AAG, Punjab.

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Mr. Vikas Kumar, Advocate for Mr. Pawan Sharma, Advocate for the respondent No.2.

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DEEPAK GUPTA, J.(Oral)

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Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.4 dated 07.01.2023, under Sections 381, 411 and 34 of IPC, registered at Police Station Div. 4, District Jalandhar on the basis of compromise deed dated 06.09.2023 (Annexure P-2).

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This Court vide order dated 20.09.2023 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise.

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Pursuant to the aforesaid order, parties have appeared before learned Chief Judicial Magistrate, Jalandhar and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 02.11.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

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Statement of Respondent No.2-complainant, namely, Dr. Pushpinder Kumar with regard to compromise was recorded before learned Magistrate on 05.10.2023.

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SARITA RANI 2023.11.30 17:12 I attest to the accuracy and integrity of this document/order

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Neutral Citation No. 2023:PHHC:153210 CRM-M-47340-2023

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Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties.

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In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 , this petition is allowed and F.I.R. No.4 dated 07.01.2023, under Sections 381, 411 and 34 of IPC, registered at Police Station Div. 4, District Jalandhar on the basis of compromise deed dated 06.09.2023 (Annexure P-2) qua petitioner(s), are hereby quashed.

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December 01, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No

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SARITA RANI 2023.11.30 17:12 I attest to the accuracy and integrity of this document/order

Neetu and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Neetu and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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