High Court of Punjab and HaryanaCRM-M/13689/2018disposed of

Ram Swaroop Aggarwal And ORS. v. State Of Punjab And ANR.

2018-09-21Lok Adalat Bench - 12 pages

-1CRM-M-13689 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13689 of 2018 Date of Decision: 21.09.2018 Ram Swaroop Aggarwal and others ....Petitioners

Versus

The State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. B.S. Saroha, Advocate, for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

Mr. Gautam Kaile, 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.135 dated 18.08.2017 (Annexure P-1) registered under Sections 406, 420 and 120-B IPC, at Police Station Mukerian, District Hoshiarpur, and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Pursuant to order dated 13.07.2018 of this Court, the parties appeared before the trial Court/Illaqa Magistrate on 03.08.2018 to get their statements recorded. Learned Sub Divisional Judicial Magistrate, Mukerian, has submitted her report vide letter bearing No.415, dated 13.08.2018 duly forwarded by learned District and Sessions Judge, Hoshiarpur, vide letter No.29733, dated 21.08.2018.

According to the report, learned Sub Divisional Judicial RAVINDER SINGH 2018.09.25 12:02 I attest to the accuracy and authenticity of this document Magistrate, Mukerian, is satisfied that compromise entered into

-2CRM-M-13689 of 2018 between the parties genuine, voluntary and without any coercion or undue influence. No accused has been declared proclaimed offender.

Considering the report of learned Sub Divisional Judicial Magistrate, Mukerian, dated 13.08.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.135 dated 18.08.2017 and all subsequent proceedings arising therefrom, are quashed, subject to payment of costs of `10,000/-, out of which `4,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court, `1,000/- with the Bar Council of Punjab and Haryana and `5,000/- with the Punjab and Haryana High Court Legal Services Committee within one week from today, failing which this petition shall be deemed to be dismissed.

Disposed of accordingly.

List on 22.10.2018, for production of receipt with regard to deposit of aforesaid costs.

(Ramendra Jain) September 21, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.09.25 12:02 I attest to the accuracy and authenticity of this document