Habib Ulla And ORS. v. State Of Punjab And ANR.

CRM-M-10261-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-10261-2018 Date of decision: 07.08.2018 Habib Ulla and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. AS Bhatii, Advocate for the petitioners. Mr. Harpreet Multani, AAG, Punjab.

Mr. Ranjit Singh, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 147 dated 03.11.2017 (Annexure P-1) registered under Sections 420, 406 and 506 read with Section 34 IPC at Police Station Daresi, District Ludhiana and all subsequent proceedings arising therefrom, on the basis of compromise dated 27.02.2018 (Annexure P-2) effected between the parties.

2.

Vide orders dated 05.07.2018, parties were directed to appear before the trial Court, to get their statements recorded for compromise with a direction to the trial Court, to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Ludhiana and got recorded their statements qua compromise on 20.07.2018. Report from the Judicial Magistrate Ist Class, Ludhiana, vide letter No. 1242 dated 24.07.2018, duly forwarded by learned District and Rishu Kataria 2018.08.08 12:28 I attest to the accuracy and authenticity of this document

CRM-M-10261-2018 -2Sessions Judge, Ludhiana, vide letter No. 631/EC, Dated, Ludhaina the 27.07.2018, has been received. According to the report of the learned Judicial Magistrate Ist Class, Ludhiana, the compromise effected between the parties is genuine and without any pressure or coercion. 4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, this petition is allowed and the aforesaid FIR No. 147 dated 03.11.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners is quashed, subject to payment of costs of `10,000/-, out of which `6,000/- shall be deposited with the Punjab State Legal Services Authority and `4,000/- with the Bar Council of Punjab and Haryana, within two weeks from today, failing which this petition shall be deemed to be dismissed.

5.

List on 31.08.2018, for production of receipts regarding deposit of costs.

August 07, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.08.08 12:28 I attest to the accuracy and authenticity of this document