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Amit Pamma And Others vs State Of Punjab And Another

Punjab And Haryana At Chandigarh · Decided on 2 February 2021 · Citation: (2021) 02 P&H CK 0004

HON’BLE JUDGES
Anupinder Singh Grewal, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 258 Of 2021 (O & M)

AI Structured Summary

Not yet generated for this judgment

Judgment

25 paragraphs · 395 words

Anupinder Singh Grewal, J

Case taken up through video conferencing.

Lawyers have abstained from work today.

The petitioners are seeking quashing of General Diary No.26 dated 10.03.2019, under Sections 323, 451, 506, 148, 149 IPC, registered at Police

Station Phillaur, District Jalandhar, on the basis of compromise dated 24.02.2020 (Annexure P-1) which has been arrived at between the parties.

On 11.01.2021, this Court had passed the following order:-

“Heard through video conferencing.

The petitioners are seeking quashing of General Diary No.26 dated 10.03.2019, under Sections 323, 451, 506, 148, 149 IPC, registered at Police

Station Phillaur, District Jalandhar, on the basis of compromise dated 24.02.2020 (Annexure P-1) arrived at between the parties.

Learned counsel for the petitioners contends that the incident is the outcome of a sudden quarrel between the parties in which injuries were caused to

both the sides. He further contends that the dispute has now been resolved and the matter has been compromised. He has referred to the copy of the

compromise at Annexure P-1.

Learned counsel for respondent No.2 states that the matter has indeed been compromised.

List on 02.02.2021.

In the meantime, the parties are directed to appear before Illaqa Magistrate/trial Court on 15.01.2021. The Illaqa Magistrate/trial Court shall record

their statements with regard to the genuineness of the compromise as to whether the compromise has been effected between the parties without any

undue influence or coercion and send the report to this Court before the next date of hearing.â€​

The report of the Judicial Magistrate Ist Class, Phillaur dated 25.01.2021 has been received, wherein it is stated that in pursuance to the order of this

Court, the statements of the parties were recorded which indicates that compromise which has been effected is genuine, voluntary and without undue

influence.

The FIR is an outcome of a sudden quarrel in which both the parties have received injuries. The dispute has now been resolved and the matter has

been compromised.

In view of the law laid down by the Supreme Court in the case of Narinder Singh vs. State of Punjab 2014 (6) SCC 466, no useful purpose will be

served by continuing the criminal proceedings. Therefore, the petition is allowed and General Diary No.26 dated 10.03.2019, under Sections 323, 451,

506, 148, 149 IPC, registered at Police Station Phillaur, District Jalandhar and all consequential proceedings are hereby quashed qua the petitioners.