MOHINDER SINGH KAPOOR AND OTHERS Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2014-11-471
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 20,2014

MOHINDER SINGH KAPOOR AND OTHERS Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) The present petition under Section 482, Cr.P.C., has been filed by the petitioners, namely, Mohinder Singh Kapoor, Usha Kapoor and Himanshu Kapoor, for quashing of FIR No. 345, dated 4.11.2012, under Sections 406 and 498-A, IPC, registered at Police Station, Sadar, Zirakpur, District S.A.S. Nagar, and all the consequential proceedings arising therefrom, on the basis of the compromise.
(2.) Vide order dated 7.7.2014, the affected parties were directed to appear before the learned Trial Court for getting their respective statements recorded with regard to the compromise. The concerned Court was also directed to send its report regarding genuineness and voluntary nature of the compromise; whether all the accused/petitioners were appearing before the Court or were on bail; and whether any other proceedings were pending against the accused/petitioners.
(3.) In compliance thereof, all the three petitioners as well as respondent No. 2/complainant, Neha Kapoor, did appear before the learned Judicial Magistrate Ist Class, Dera Bassi, and got recorded their respective statements with regard to the compromise. Respondent No. 2, Neha Kapoor, suffered the following statement:- "I have compromised the matter with the accused in case FIR No. 345 dated 4.11.2012, under Section 406, 498-A, IPC, Police Station Zirakpur. The Compromise Deed Ex. C1 and the petitioner under Section 13-B qua which the statement are Ex. C2 to Ex. C5. I identify my signatures on the original Compromise Deed. The compromise is without any threat and coercion and with my free consent. I have no objection if the present FIR may be quashed.";


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