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2022 Supreme(P&H) 80

VINOD S.BHARDWAJ
Mohamad Sai – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant : Mr. Manoj Kumar Sharma.
For the Respondents: Ms. A.K. Khurana, DAG, Mr. Ritesh Pandey.

JUDGMENT :

Vinod S. Bhardwaj, J.

By means of the instant petition, prayer is sought for quashing of case FIR No. 141 dated 04.09.2019 under Sections 365 read with Section 34 IPC registered at Police Station Subhanpur, District Kapurthala (Annexure P-1) and all consequential proceedings arising therefrom, on the strength of compromise dated 18.09.2019 (Annexure P-2) entered between parties.

2. The case came up for hearing on 06.07.2021, when the parties were directed to appear before the Illaqa Magistrate to get their statements recorded with regard to the genuineness of the compromise and the Illaqa Magistrate was required to submit a report as to whether the compromise have been effected without any undue influence or coercion.

3. The statement of the parties was eventually recorded by the Judicial Magistrate on 06.09.2021 and a report in this regard was furnished. The extract of the said report submitted vide letter No. 466 dated 08.09.2021 is as under:

    “In this case, FIR No.141 dated 04.09.2019, under Sections 365, 34 of IPC, PS Subhanpur, District Kapurthala, the statement of complainant Reshma, victim Ajay (deaf and dumb), Bittu and accused Mohamad Sai, Shamdeen, Jasvir Singh and

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