Ajaib Singh And ORS v. State Of Punjab And ANR

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 17.09.2018 Ajaib Singh and others ..... Petitioners

Versus

The State of Punjab and another ..... Respondents

CORAM:

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

Ms. Kaavya Jariyal, 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. 137 dated 14.09.2015 (Annexure P-1) registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station Beas, District Amritsar and all subsequent proceedings arising therefrom, on the basis of compromise dated 03.03.2017 (Annexure P-2), effected between the parties.

2.

Vide order dated 20.01.2017, the parties were directed to appear before the Illaqa Magistrate/concerned Court within 15 days, to get their statements recorded for compromise with a direction to the Illaqa Magistrate/concerned Court, to furnish a report qua veracity of the compromise.

-23.

Consequently, parties appeared before the Sub Divisional Judicial Magistrate, Baba Bakala Sahib, District Amritsar and got recorded their statements qua compromise on 03.05.2017. Report from the Sub Divisional Judicial Magistrate, Baba Bakala Sahib, vide letter No. 1729 dated 05.05.2017, duly forwarded by the District and Sessions Judge, Amritsar, vide Endst. No. 4059R dated 08.05.2017 has been received. According to the report of the Sub Divisional Judicial Magistrate, Baba Bakala Sahib, the compromise entered into in between the parties voluntarily, out of their free will and without any pressure or coercion and the same appears to be genuine one. 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. 137 dated 14.09.2015 (Annexure P-1) and all subsequent proceedings arising therefrom and all subsequent proceedings arising therefrom, qua the petitioners are quashed, subject to payment of costs of `10,000/-, out of which `8,000/- shall be deposited with the following account:- Account details:- Chief Minister's Distress Relief Fund.

Account Number :- 67319948232 Bank:- State Bank of India.

Branch:- City Branch, Thiruvananthapuram IFSC:- SBIN0070028 PAN:- AAAGD0584M Account Type:- Savings SWIFT Code:

SBININBBT08 and `2,000/- with the Bar Association, Punjab and Haryana High Court, Chandigarh, within 10 days from today, failing which this petition shall

-3be deemed to be dismissed.

5.

List on 08.10.2018, for production of receipts regarding deposit of costs.

September 17, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No