CRM-M-28128-2018 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
266-2 CRM-M-28128-2018 (OM)
Decided on : 17.10.2018
Pardeep Kumar and others
State of Punjab and others
CORAM : HON’BLE MR. JUSTICE P.B.BAJANTHRI
Present : Mr. Vinay Puri, Advocate for the petitioners.
Mr. Luvinder Sofat, AAG, Punjab.
None for respondent No.4.
P.B.BAJANTHRI, J. (ORAL)
In the instant petition, petitioners are seeking quashing of
cross-version under Section 323, 498A IPC dated 14.06.2018 (Annexure P-
2) of FIR No.36 dated 14.06.2018 under Sections 323, 324, 452, 427, 506,
34 IPC, registered at Police Station Satnampura, District Kapurthala and
consequential proceedings arising therefrom on the basis of compromise
dated 14.06.2018 (Annexure P-3) arrived at between the parties.
2. Learned counsel for the petitioners contended that present FIR
is an outcome of sudden qurrel between the parties and in fit of anger. Now
the matter has been resolved and sought for quashing of FIR in view of
3. This Court vide order dated 09.07.2018 had directed the parties
to appear before the Illaqa Magistrate/trial Court for recording their
statements with regard to veracity of the compromise. The Sub-Divisional
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CRM-M-28128-2018 (OM) 2
Judicial Magistrate, Phagwara has sent her report dated 13.08.2018 in the
connected case CRM-M-28066-2018 titled as Rajinder Kumar and
another Versus State of Punjab and others wherein it is stated that in
pursuance to the order of this Court, statements of the parties were recorded
and compromise appears to be genuine.
4. In view of the law laid down in “Anita Maria Dias and
another versus State of Maharashtra and another” (2018) 3 SCC 290, no
useful purpose would be served by continuing the criminal proceedings.
Therefore, the petition is allowed and cross-version under Section 323,
498A IPC dated 14.06.2018 (Annexure P-2) of FIR No.36 dated
14.06.2018 under Sections 323, 324, 452, 427, 506, 34 IPC, registered at
Police Station Satnampura, District Kapurthala and all consequential
proceedings arising therefrom, are hereby quashed qua the petitioners
subject to payment of litigation cost of Rs.5000/- by each of the petitioner
to State of Punjab. Cost shall be remitted in the District Treasury, District
Kapurthala, State of Punjab within a period of 3 months from today.
( P.B. BAJANTHRI )
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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