High CourtsSingle Bench(2011) 07 P&H CK 0025

Rakesh Sharma and Others vs Union Territory and Another

Punjab And Haryana At Chandigarh · Decided on 12 July 2011

HON’BLE JUDGES
Rakesh Kumar Jain, J
RESULT
Allowed
CASE NUMBER
CRM No. M 10227 of 2011 (O and M)

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Judgment

7 paragraphs · 235 words

Rakesh Kumar Jain, J.—The present petition has been filed u/s 482 Code of Criminal Procedure for quashing the F.I.R. No. 191 dated 19.06.2006 registered under Sections 406, 498-A IPC at Police Station, Sector 39, Chandigarh on the basis of compromise (Annexure P-2).

2.

On 21.04.2011 the following order was passed:

Learned Counsel for the Petitioner states that the matter has been compromised. The trial Court is directed to send the report with regard to the validity or otherwise of the compromise, after recording the state ments of all the concerned parties on 29.04.2011

Adjourned to 12.07.2011 for arguments

3.

In terms of the aforesaid order vide letter No. 121 dated 02.06.2011, the Judicial Magistrate, Ist Class, Chandigarh has sent the report as per which it is submitted that the statements of the parties have been recorded which have been found to be without any pressure or coercion. The statements of Monica and accused per-sons have been recorded separately and the compromise deed is also attached with the report.

4.

Broad guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr. reported in 2007 (3) R.C.R. (Crl.) 1052 for quashing the prosecution when parties entered into compromise.

5.

Consequently, this petition is allowed. The F.I.R. No. 191 dated 19.06.2006 and the subsequent proceedings arising therefrom are quashed qua the Petitioners.