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[Cites 8, Cited by 1]

Punjab-Haryana High Court

Malkait Singh And Another vs State Of Punjab And Others on 16 September, 2013

Author: Jitendra Chauhan

Bench: Jitendra Chauhan

                     CRM No.M-20902 of 2013                                    1

                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH

                                                      CRM No.M-20902 of 2013
                                                      Date of decision: 16.9.2013

                     Malkait Singh and another
                                                                                      ...Petitioners

                                         Versus

                     State of Punjab and others
                                                                                    ...Respondents

                     CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

                     Present:      None for the petitioners.

                                   Mr.Mehardeep Singh, DAG, Punjab assisted by
                                   ASI Gursewak Singh

                                               ****

                     Jitendra Chauhan, J. (Oral)

The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the FIR No.81 dated 13.8.2009 (Annexure P-1), registered under Sections 452, 324, 323, 34 of the Indian Penal Code, at Police Station Sadar Batala; the criminal complaint No.313 dated 19.10.2009, titled as "Malkiat Singh vs. Harjit Singh and others, under Sections 326, 452, 355, 323, 34 of IPC, pending in the Court of learned JMIC, Batala filed by petitioner no.1 against respondent Nos. 2 to 5, and subsequent proceedings arising therefrom, on the basis of the compromise Annexure P-3, reached between the parties.

Heard.

While issuing the notice of motion, the parties were directed to appear before the trial Court for getting their statements recorded. Shanker Gauri 2013.09.19 09:10 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-20902 of 2013 2

In compliance of the order dated 12.8.2013, report of JMIC, Batala dated 2.9.2013, has been received. In the said report, the learned JMIC has recorded his satisfaction and reported that both the parties entered into compromise without any pressure or coercion and the compromise is genuine. The statements of the parties are attached with the said report.

In view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings. Accordingly, this petition is allowed and FIR No.81 dated 13.8.2009 (Annexure P-1), registered under Sections 452, 324, 323, 34 of the Indian Penal Code, at Police Station Sadar Batala; the criminal complaint No.313 dated 19.10.2009, titled as "Malkiat Singh vs. Harjit Singh and others, under Sections 326, 452, 355, 323, 34 of IPC, pending in the Court of learned JMIC, Batala, and all consequential proceedings arising therefrom are hereby quashed qua both the parties.




                     16.9.2013                                  (JITENDRA CHAUHAN)
                     gsv                                               JUDGE




Shanker Gauri
2013.09.19 09:10
I attest to the accuracy and
integrity of this document
High Court Chandigarh