High Court of Punjab and HaryanaCRM-M/14847/2018allowed

Anupam Mittal v. U.T. Chandigarh And ANR

2018-08-27Lok Adalat Bench - 12 pages

-1CRM-M-14847 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14847 of 2018 Date of Decision: 27.08.2018 Anupam Mittal ....Petitioner

Versus

U.T. Chandigarh and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. B.S. Tewatia, Advocate, for the petitioner. Ms. Ashima Mor, APP, U.T., Chandigarh.

Mr. Shahid Hussain, Advocate, for Mr. Amit Kumar, 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.122 dated 26.07.2017 registered under Sections 279 and 337 IPC at Police Station North Sector 3, U.T., Chandigarh, on the basis of compromise dated 27.10.2017 (Annexure P-2). Pursuant to order dated 04.07.2018 of this Court, the parties appeared before the trial Court/Illaqa Magistrate on 11.07.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Chandigarh, has submitted his report vide letter bearing Endst. No.254, dated 27.07.2018 duly forwarded by learned District and Sessions Judge, Chandigarh, vide Endst. No.DSJ-EC-2018/8051 dated 30.07.2018.

According to the report, learned Judicial Magistrate Ist Class, Chandigarh, is satisfied that compromise entered into between the parties is genuine, voluntary and without any coercion or undue influence. No RAVINDER SINGH 2018.08.28 11:04 I attest to the accuracy and authenticity of this document accused has been declared as proclaimed offender. Considering the report of learned Judicial Magistrate Ist Class,

-2CRM-M-14847 of 2018 Chandigarh, dated 27.07.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.122 dated 26.07.2017 registered under Sections 279 and 337 IPC at Police Station North Sector 3, U.T., Chandigarh and all subsequent proceedings arising therefrom, 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 High Court within one week from today, failing which this petition shall be deemed to be dismissed.

Disposed of accordingly.

List on 12.09.2018, for production of receipt with regard to deposit of aforesaid costs.

(RAMENDRA JAIN) August 27, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.28 11:04 I attest to the accuracy and authenticity of this document