Kulwinder Kaur v. State Of Punjab And ANR

-1CRM-M-13685 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13685 of 2018 Date of Decision: 25.07.2018 Kulwinder Kaur ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Ashok Giri, Advocate, for the petitioner. Mr. Harpreet Multani, DAG, Punjab.

Mr. M.S. Dhindsa, 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.38 dated 05.03.2018 registered under Section 295-A IPC and Sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Division No.7, District Police Commissionerate, Jalandhar, on the basis of compromise dated 13.03.2018 (Annexure P-3).

Pursuant to order dated 19.04.2018 of this Court, the parties appeared before the trial Court/Illaqa Magistrate to get their statements recorded. Learned Chief Judicial Magistrate, Jalandhar, has submitted his report vide letter bearing No.504 dated 14.05.2018 duly forwarded by learned District and Sessions Judge, Jalandhar vide letter No.1220G/JRK dated 14.05.2018.

According to the report, learned Chief Judicial Magistrate, Jalandhar, is satisfied that compromise arrived at between the parties is Ravinder Singh 2018.07.27 12:08 I attest to the accuracy and authenticity of this document voluntary and without any pressure from any side and is not the result of

-2CRM-M-13685 of 2018 any pressure or coercion and the same is genuine and valid. No accused has been declared proclaimed offender in the present case. Considering the report of learned Chief Judicial Magistrate, Jalandhar, and the fact that the compromise will bring peace and harmony in relations between the parties, FIR No.38 dated 05.03.2018 registered under Section 295-A IPC and Sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Division No.7, District Police Commissionerate, Jalandhar, is hereby 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. Petition is disposed of accordingly.

List on 20.8.2018 for production of receipt with regard to deposit of aforesaid costs.

(RAMENDRA JAIN) July 25, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2018.07.27 12:08 I attest to the accuracy and authenticity of this document