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Pardeep Kumar And Ors vs State Of Punjab And Ors on 17 October, 2018

CRM-M-28128-2018 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

266-2 CRM-M-28128-2018 (OM)
Decided on : 17.10.2018

Pardeep Kumar and others

…Petitioners
Versus

State of Punjab and others
. ..Respondents

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

compromise.

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 )
JUDGE
17.10.2018
pooja saini

Whether speaking/reasoned : Yes / No

Whether reportable : Yes / No

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