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Bharat Sharma vs State Of Punjab And Another on 27 January, 2020

CRM-M-38101-2019 1

260

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-38101-2019
Decided on: 27.01.2020.

BHARAT SHARMA
……Petitioner

V/S

STATE OF PUNJAB AND ANOTHER
……Respondents

CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present: Mr. Piyush Khanna, Advocate
for the petitioner.

Mr. Sandeep Kumar, Advocate
for respondent No.2.

Ms. Jaspreet Kaur, AAG Punjab.

MANJARI NEHRU KAUL, J. (Oral)

*****

The instant petition is for quashing of FIR No. 0030,

dated 12.02.2019, under Sections 498A 406 of IPC, registered at

Police Station Phagwara, District Kapurthala, and the consequential

proceedings arising out of the same, on the basis of written

compromise (Annexure P-2), arrived at, between the parties.

Vide order dated 09.09.2019 of this court, the parties

were directed to appear before the learned trial Court/Illaqa

Magistrate on 14.11.2019 to get their statements recorded regarding

the compromise arrived at, between them.

Report has since been received from the learned SDJM,

Phagwara, in pursuance to the direction of this Court. As per the

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CRM-M-38101-2019 2

report compromise has indeed been effected between the parties and

the same is without any pressure or coercion and out of their free will.

The Trial Court has annexed the statements of the parties in original

alongwith its report.

Learned State counsel too submits that there are no other

accused other than the petitioner and respondent No.2 is the only

aggrieved person in the FIR in question.

In view of the report of the Ld. SDJM, Phagwara and the

principles laid down by the Apex Court in Gain Singh Vs. State of

Punjab and others (2012) 10 SCC 303, and also by the Full Bench of

this Court in Kulwinder Singh and others Vs. State of Punjab and

another, 2007 (3) RCR (Criminal) 1052, the instant petition is

allowed. The aforesaid FIR and all consequential proceedings arising

out of it, are quashed.

Needless to say the parties shall remain bound by the

terms of compromise and their statements recorded before the Court

below.

27.01.2020 (MANJARI NEHRU KAUL)
monika* JUDGE

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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