Simranjit Singh And Another v. State Of Punjab And ANR

CRM-M-12805-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-12805-2018 Date of decision: 01.11.2018 Simranjit Singh and another ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

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

Mr. Vipin Mahajan, 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. 113 dated 19.11.2017 (Annexure P-1) registered under Sections 379-B and 427 read with Section 34 IPC at Police Station Sekhwan, Police District Batala, District Gurdaspur and all subsequent proceedings arising therefrom, on the basis of compromise dated 16.02.2018 (Annexure P-2), effected between the parties. 2.

Vide order dated 16.08.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate on 14.09.2018 to get their statements recorded for compromise with a direction to the trial Court/Illaqa Magistrate, to furnish a report qua veracity of the compromise. 3.

Consequently, parties appeared before the Additional Sessions Judge, Gurdaspur and got recorded their statements qua compromise on 14.09.2018. Report from the Additional Sessions Judge, Gurdaspur, vide RISHU KATARIA 2018.11.02 17:42 I attest to the accuracy and integrity of this document

CRM-M-12805-2018 -2letter No. 665 dated 14.09.2018 duly forwarded by the District and Sessions Judge, Gurdaspur, vide Endst. No. 17665/RKT dated 17.09.2018, has been received. According to the report of the Additional Sessions Judge, Gurdaspur, the compromise effected between the parties is voluntary, without any kind of pressure, threat or coercion of any kind and it would lead to peace and harmony among parties, who belong to same village. 4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties, this petition is allowed and the aforesaid, FIR No. 113 dated 19.11.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners are quashed, subject to payment of costs of `10,000/-, out of which `4,000/- shall be deposited with the Bar Association, Punjab and Haryana High Court, Chandigarh; ` 1,000/- with the Bar Council of Punjab and Haryana and `5,000/- with the High Court Legal Services Authority, within a period of two weeks' from today, failing which this petition shall be deemed to be dismissed. 5.

List on 01.12.2018, for production of receipts regarding deposit of costs.

November 01, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.11.02 17:42 I attest to the accuracy and integrity of this document