Ajaib Singh And ORS. v. State Of Punjab And ANR.

CRM-M-14130-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-14130-2018 Date of decision: 27.08.2018 Ajaib Singh and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. NK Awasthi Advocate for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

Ms. Dimple Sharma, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) 1.

Vakalatnama filed on behalf of respondent No. 2 is taken on record. Office to tag the same at the appropriate place. 2.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 69 dated 31.05.2016 (Annexure P-1) registered under Sections 308, 341, 323, 148 and 149 IPC and Section 27 of the Arms Act at Police Station Chhajali, District Sangrur and all subsequent proceedings arising therefrom, on the basis of compromise dated 30.03.2018 (Annexure P-2), effected between the parties. 3.

Vide order dated 23.05.2018, the parties were directed to appear before the trial Court within one month, to get their statements recorded for compromise with a direction to the trial Court, to furnish a report qua veracity of the compromise.

4.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Sunam and got recorded their statements qua compromise on RISHU KATARIA 2018.08.30 10:54 I attest to the accuracy and integrity of this document

CRM-M-14130-2018 -228.05.2018. Report from the learned Judicial Magistrate Ist Class, Sunam, vide letter No. 183 dated 01.06.2018 duly forwarded by the Incharge District and Sessions Judge, Sangrur, vide Endst. No. 4121 Dated 13.06.2018 has been received. According to the report of learned Judicial Magistrate Ist Class, Sunam, the parties have arrived at compromise with their free will, without any inducement, threat, promise, coercion or undue influence from any quarter.

5.

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. 69 dated 31.05.2016 (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 `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 Council of Punjab and Haryana, within 10 days from today, failing which this petition shall be deemed to be dismissed. 6.

List on 12.09.2018, for production of receipts regarding deposit of costs.

August 27, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.08.30 10:54 I attest to the accuracy and integrity of this document