High Court of Punjab and HaryanaCRM-M/6165/2019disposed of

Bhupinder Singh@Boota Singh v. State Of Punjab And Another

2020-02-24Mr. Justice Ramendra Jain2 pages

CRM-M-6165-2019 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-6165-2019 (O&M) Date of Decision: 24.02.2020 Bhupinder Singh @ Boota Singh .... Petitioner

Versus

State of Punjab and another .... Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Amit Dhawan, Advocate for the petitioner. Mr. Bhupender Beniwal, AAG, Punjab.

Mr. BS Pathania, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No. 10 dated 23.01.1998 (Annexure P-1) registered under Sections 323, 324, 452, 148 and 149 IPC at Police Station Shahkot, District Jalandhar and order dated 26.04.2001 of the Judicial Magistrate Ist Class, Nakodar, declaring petitioner a proclaimed Offender and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-5) effected in between the parties. Pursuant to orders dated 08.02.2019 and 29.08.2019 of this Court, the parties appeared before the Judicial Magistrate Ist Class, Nakodar, on 19.09.2019 to get their statements recorded. Learned Judicial Magistrate Ist Class, Nakodar submitted his report vide letter No. 300/CIII dated 23.09.2019 duly forwarded by the learned District and RISHU KATARIA 2020.02.26 16:12 I attest to the accuracy and integrity of this document

CRM-M-6165-2019 -2Sessions Judge, Jalandhar, vide letter No. 2800 dated 25.09.2019. According to the report, learned Judicial Magistrate Ist Class, Nakodar, is satisfied that compromise effected between the parties is genuine, voluntary, without any coercion and without any undue influence.

In compliance of order dated 07.02.2020, original receipts regarding deposit of costs of `20,000/- have also been produced in Court today. The same are taken on record. Be tagged at appropriate place. Considering the report of Judicial Magistrate Ist Class, Nakodar dated 23.09.2019 and deposit of costs as well as the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No. 10 dated 23.01.1998 (Annexure P-1), order dated 26.04.2001 and all subsequent proceedings arising therefrom, are quashed, qua the petitioner only.

Registry is directed to verify deposit of aforesaid costs, with the concerned quarter.

Disposed of, accordingly February 24, 2020 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2020.02.26 16:12 I attest to the accuracy and integrity of this document