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2021 Supreme(P&H) 86

SUVIR SEHGAL
Harmeet Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Dheeraj Mahajan.
Mr. Randhir Singh Thind.
For the Respondents: Mr. Sheoran Kamboj, Mr. Randeep Singh.

JUDGMENT :

SUVIR SEHGAL J.

1. The Court has been convened through video conferencing due to Covid-19 pandemic.

2. The instant petition has been filed under Section 482 of Code of Criminal Procedure for quashing of FIR No. 45 dated 29.03.2016, registered under Sections 406, 34 of Indian Penal Code, 1860, at Police Station Phase 1, District SAS Nagar, on the basis of compromise deed, Annexure P-5 arrived at between the parties alongwith all subsequent proceedings arising therefrom and for quashing of order dated 21.11.2016, Annexure P-2, passed by CJM, Mohali, declaring the petitioner as “proclaimed person/absconder.”

3. Vide order dated 04.11.2020, the parties were directed to appear before the Illaqa Magistrate/trial Court to get their statements recorded regarding the compromise and a report was called for from the Court.

4. After recording the statements of the accused-petitioner and complainant-private respondent, the Chief Judicial Magistrate, SAS Nagar, Mohali has submitted the report, the relevant extract of which is as under:

    “(1) As per the statement of accused, the abovesaid FIR was registered against him and the co-accused Baj Singh and accused Baj Singh has been declared PO on

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