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Parmal Singh And Others vs State Of Punjab And Others on 28 May, 2019

CRM-M-11382-2019 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

279 CRM-M-11382-2019
Date of Decision:28.05.2019

Parmal Singh and others …..Petitioners

Versus

State of Punjab and others …..Respondents

CORAM: HON’BLE MR.JUSTICE HARI PAL VERMA.

Present: None for the petitioners.

Mr. Rana Harjasdeep Singh, D.A.G., Punjab,
for respondent No.1.

None for respondent Nos.2 to 5.

****

HARI PAL VERMA, J.(Oral)

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of FIR No.294 dated 04.08.2018 under Sections 452, Section323, Section294,

Section506, Section148, Section149 IPC (the offence punishable under Section 354 IPC was

added later on), registered at Police Station Zirakpur, District SAS Nagar

(Mohali), Punjab (Annexure P-1) and all subsequent proceedings arising

therefrom on the basis of compromise dated 19.12.2018 (Annexure P-2).

This Court vide order dated 12.03.2019 had directed the parties

to appear before the Illaqa Magistrate/trial Court to get their statements

recorded and the learned Magistrate was directed to send its report qua the

genuineness of the compromise.

Pursuant to the aforesaid order, a communication dated

24.05.2019 has been received from learned Judicial Magistrate 1st Class,

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CRM-M-11382-2019 2

Dera Bassi to the effect that respondent No.2-Rahul Prajapati and

respondent No.5-Vicky were the complainants, who have appeared before

learned Magistrate and in their separate statements, they have stated that

they have not entered into any compromise with the accused persons, but

the accused persons under the coercion of police officials had got our

signatures on the compromise. Since the compromise has been disputed by

the complainants, the very petition seeking quashing of FIR in question on

the basis of compromise is liable to be dismissed at this stage.

Accordingly, the present petition is dismissed.

However, in case a fresh compromise is arrived at between the

parties, they would be at liberty to file a fresh petition seeking quashing of

FIR on the basis of compromise.

May 28, 2019 (HARI PAL VERMA)
seema JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No

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