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High Court of Punjab and HaryanaCRM-M/15557/2018allowed

Rahul Kumar v. State Of Punjab And ANR.

2018-07-12Lok Adalat Bench - 12 pages

CRM-M-15557-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-15557-2018 Date of decision: 12.07.2018 Rahul Kumar ..... Petitioner

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. RS Chugh, Advocate for the petitioner. Mr. Harpreet Multani, AAG, Punjab.

Mr. Mohit Vashisht, 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. 0031 dated 07.03.2016 (Annexure P-1) registered under Sections 420 and 120-B IPC at Police Station Dugri, Police Commissionerate, Ludhiana and all subsequent proceedings arising therefrom, on the basis of compromise dated 31.03.2018 (Annexure P-2) effected between the parties.

2.

Vide order dated 19.04.2018, parties were directed to appear before the trial Court/Illaqa Magistrate on 01.05.2018, to get their statements recorded for compromise with a direction to the trial Court to furnish a report qua veracity of the compromise. 3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Ludhiana and got recorded their statements qua compromise on 01.05.2018. Report from the Judicial Magistrate Ist Class, Ludhiana, vide letter No. 82 dated 01.05.2018, duly forwarded by learned District and Rishu Kataria 2018.07.13 14:46 I attest to the accuracy and authenticity of this document

CRM-M-15557-2018 -2Sessions Judge, Ludhiana, vide letter No. 412/EC dated 05.05.2018, has been received. According to the report of the learned Judicial Magistrate Ist Class, Ludhiana, the parties have compromised the matter. The same is genuine and without any pressure or fear.

4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, this petition is allowed and the aforesaid FIR No. 0031 dated 07.03.2016 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioner is 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, within two weeks from today, failing which this petition shall be deemed to be dismissed.

5.

List on 20.08.2018 for production of receipts regarding deposit of costs.

July 12, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.07.13 14:46 I attest to the accuracy and authenticity of this document